Article 86 Contracted out young offender institutions

(1)

M1Where the Secretary of State has entered into a contract for the running of a young offender institution under section 84 of the Criminal Justice Act 1991 (in this rule “the 1991 Act") these Rules shall have effect in relation to that young offender institution with the following modifications—

(a)

references to an officer shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act;

(b)

references to a governor shall include references to a director approved by the Secretary of State for the purposes of section 85(1)(a) of the 1991 Act except—

F1(i)

in rule 85 the reference to a governor shall include a reference to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act; and

(ii)

in rules 67(1), 71 and 81 where references to a governor shall include references to a director and a controller;

F2(iii)

in rules 49, 51, 52, 58, 58A, F358B, 60, F460AB, 63, 64 , 64A and 65 where references to a governor shall include a reference to the director or the controller;

(c)

rule 73 shall not apply in relation to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties.

F5(1A)

The director of a prison may, with the leave of the Secretary of State, delegate any of his powers and duties under rules 49, 51, 52, 58, 58A, F658B, 60, F760AB, 63, 64 , 64A and 65 to another officer of that prison.

F8(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Rule 86(1)(b)(i) substituted (1.11.2007) by The Young Offender Institution (Amendment) Rules 2007 (S.I. 2007/2953), rules 1, 2
F2: Rule 86(1)(b)(iii) inserted (11.11.2007) by The Young Offender Institution (Amendment No. 2) Rules 2007 (S.I. 2007/3220), rules 1, 2(2)(a)
F3: Word in rule 86(1)(a)(iii) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 2 para. 15(a) (with rule 1(3))
F4: Word in rule 86(1)(b)(iii) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 5 (with art. 4)
F5: Rule 86(1A) inserted (11.11.2007) by The Young Offender Institution (Amendment No. 2) Rules 2007 (S.I. 2007/3220), rules 1, 2(2)(b)
F6: Word in rule 86(1A) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 2 para. 15(b) (with rule 1(3))
F7: Word in rule 86(1A) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 5 (with art. 4)
F8: Rule 86(2) omitted (11.11.2007) by virtue of The Young Offender Institution (Amendment No. 2) Rules 2007 (S.I. 2007/3220), rules 1, 2(2)(c)

Marginal citations

M1: Section 84 was substituted by section 96 of the Criminal Justice and Public Order Act 1994.