{
  "url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-2011/article-4",
  "json_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-2011/article-4.json",
  "legislation": "ssi/2011/331",
  "legislation_title": "The Prisons and Young Offenders Institutions (Scotland) Rules 2011",
  "legislation_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-2011",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Application of Rules to contracted out prisons",
  "text": "(1) Where the Scottish Ministers have entered into a contract for the running of a contracted out prison, these Rules have effect in relation to the contracted out prison, with the following modifications—\n(a) references to “an officer” include references to a prisoner custody officer certified as such under section 114(1) of the 1994 Act and performing custodial duties at that or any other prison;\n(b) references to “an employee” include references to an employee of the contractor or any sub contractor;\n(c) subject to sub-paragraphs (d), (e) and (h), references to a “Governor” include references to a director approved by the Scottish Ministers for the purpose of section 107(1) of the 1994 Act ;\n(d) in rules 41, 95, 96 and 97 and in any rule in Parts 11 and 15 references to a “Governor” are to be construed as references to a controller appointed by the Scottish Ministers under section 107(1) of the 1994 Act;\n(e) “Governor in Charge” means the director except where the function has been conferred on the controller in terms of sub-paragraph (d) and in such cases references to the “Governor in Charge” are to be construed as references to the controller;\n(f) rules 106(8), 108(8), 141(b) and (c) and 142(7) do not apply;\n(g) in rules 122 and 123, references to “residential first line manager” or “RFLM” are to be construed as references to the senior prison custody officer;\n(h) in rule 124 where a prisoner desires to make a complaint concerning any confidential matter which relates to the controller, references to “the Governor” in rule 124 are to be construed as references to “the Scottish Ministers”; and\n(i) the reference to “the Governor” in rule 139(b) includes reference to the director and the controller.\n(2) Where a director exercises the powers set out in section 107(3)(c) of the 1994 Act (removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint in cases of urgency) the director must notify the controller of the fact forthwith.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in rule 4(1)(d) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Rule 4(1)(f) substituted (1.11.2011) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011 (S.S.I. 2011/356), rules 1, 2(5)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1994 c.33; section 114(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1994 c.33; section 107(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/331/article/4",
    "retrieved_at": "2026-10-28T21:48:01.668993+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}