Paragraph 1 Savings and transitional provisions for the 1952 Rules

(1)

Subject to the following sub-paragraphs of this paragraph, where at the date of revocation of the 1952 Rules by rule 143 of these Rules–

(a)

there remains extant any privilege or certificate granted;

(b)

there remains in force any authority, order or permission given;

(c)

any record or minute requires to be made in respect of any matter;

(d)

any complaint made requires to be or is being investigated; or

(e)

any inquiry or investigation requires to be or is being carried out,

under any provision of the 1952 Rules, then, insofar as any matter specified in heads (a) to (e) above could be granted, given, made, investigated or carried out under a corresponding provision of these Rules, that matter shall be treated as if it had been granted, made or given, or as if it had to be made, investigated, or carried out, under the corresponding provision of these Rules.

(2)

Any award of a punishment under any one or more of sub-paragraphs (a) to (e) of either rule 43(2) or 45(1) of the 1952 Rules which–

(a)

was made in respect of a prisoner–

(i)

in the case of a punishment awarded under rule 43(2) of the 1952 Rules, prior to the date of revocation of that rule by rule 143 of these Rules; or

(ii)

in the case of a punishment awarded under rule 45(1) of the 1952 Rules, prior to 1st October 1993; and

(b)

has not been remitted and remains in force (or in force to the extent that it may have been mitigated) in respect of that prisoner at that date,

shall be deemed to have effect as if awarded under rule 100 of these Rules.

(3)

Where, at 1st November 1994, any report of an offence against discipline which was made in terms of rules 38 and 43 of the 1952 Rules has not been adjudicated, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 95(1) of these Rules.

(4)

The Code of Discipline formulated by the Secretary of State in April 1979 shall continue to apply ifl n relation to any offence committed by an officer before 1st January 1993 and in respect of which the officer has on that date been charged under that Code and for that purpose shall be deemed to be approved under rule 132 of these Rules.

(5)

The Scottish Prison Service Code of Discipline 1993 made by the Secretary of State on 24th October 1992 shall continue to apply as if it had been approved under rule 132 of these Rules.