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Statutory Instruments

2020 No. 508

Prisons, England And Wales

Young Offender Institutions, England And Wales

The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020

Made

13th May 2020

Laid before Parliament

14th May 2020

Coming into force in accordance with rule 1(1) and (2)

M1 The Secretary of State makes the following Rules in exercise of the powers conferred by section 47(1) of the Prison Act 1952 .

Citation, commencement and expiry I1

1. —(1) These Rules may be cited as the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 and, except as provided in paragraph (2), come into force on 15th May 2020.

(2) The amendments made by rule 2 and rule 3 come into force on 25th March 2022.

(3) These Rules, except for paragraph (2), rule 2 and rule 3, cease to have effect on 25th March 2022.

Amendment of the Prison Rules 1999 I2

M22. —(1) The Prison Rules 1999 are amended as follows.

M3 (2) Omit rule 9A (coronavirus restricted temporary release) .

(3) In rule 51(8) and (9), omit “or rule 9A”.

Amendment of the Young Offender Institution Rules 2000 I3

M43. —(1) The Young Offender Institution Rules 2000 are amended as follows.

M5 (2) Omit rule 5A (coronavirus restricted temporary release) .

(3) In rule 55(9) and 55(10), omit “or rule 5A”.

Temporary modification of the Prison Rules 1999 I4

4. Schedule 1 contains temporary modifications of the Prison Rules 1999.

Temporary modification of the Young Offender Institution Rules 2000 I5

5. Schedule 2 contains temporary modifications of the Young Offender Institution Rules 2000.

Lucy Frazer

Minister of State

Ministry of Justice

Rule 4

SCHEDULE 1 Modification of the Prison Rules 1999 I6,I7,I8,I9,I10,I11,I12,I13

1. The Prison Rules 1999 have effect as if amended in accordance with paragraphs 2 to 13.

M6 2. In rule 2(1) (interpretation) —

(a) after the definition of “convicted prisoner” insert—

coronavirus ” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);

coronavirus period ” means the period of time inclusive of a transmission control period and the transition period which follows it; ;

(b) after the definition of “the 2003 Act” insert—

the 2020 Act ” means the Coronavirus Act 2020M7 ;

transition period ” means the period F1[F2 ... starting on the date on which a transmission control period ends F2][F3 and ending with 24th March 2022 F3] ;

transmission control period ” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act. .

F4 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In rule 14 (special duties of chaplains and prison ministers)—

(a) in paragraph (1), after “shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” ;

(b) in paragraph (2), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” ;

(c) in paragraph (3), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

5. In rule 16(1) (religious services), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

6. In rule 32 (education)—

(a) in paragraph (2), after “Educational classes shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” ;

(b) in paragraph (4), after “arrangements shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

M8 7. After rule 35(2A) (personal letters and visits) insert—

(2B) During a coronavirus period, the Secretary of State may, either generally or in a particular case, and for such periods of time as the Secretary of State considers necessary, suspend any entitlement to a visit under paragraph (1), (2)(b) and (2A), if the Secretary of State considers that such a suspension is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison and proportionate to what is sought to be achieved. .

M9 8. In rule 46(2) (close supervision centres) , after “for a period not exceeding one month” insert “ , or, during a coronavirus period, three months, ” .

F5 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M10 12. In rule 73 (visitors) —

(a) after paragraph (1) insert—

(1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a prison or to a prisoner in a prison for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison. ;

(b) in paragraph (2), for “Paragraph (1)” substitute “ Paragraphs (1) and (1A) ” .

F8 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 5

SCHEDULE 2 Modification of the Young Offender Institution Rules 2000 I14,I15,I16,I17,I18,I19,I20,I21,I22,I23

1. The Young Offender Institution Rules 2000 have effect as if amended in accordance with paragraphs 2 to 15.

M11 2. In rule 2(1) (interpretation) —

(a) after the definition of “controlled drug” insert—

coronavirus ” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);

coronavirus period ” means the period of time inclusive of a transmission control period and the transition period which follows it; ;

(b) after the definition of “the 2003 Act” insert—

the 2020 Act ” means the Coronavirus Act 2020;

transition period ” means the period F9[F10 ... starting on the date on which a transmission control period ends F10][F11 and ending with 24th March 2022 F11] ;

transmission control period ” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act. .

F12 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. After rule 10(1) (personal letters and visits) insert—

(1A) During a coronavirus period, the Secretary of State may, either generally or in a particular case, and for such periods of time as the Secretary of State considers necessary, suspend any entitlement to a visit under paragraph (1)(b), if the Secretary of State considers that such a suspension is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to inmates or the young offender institution and proportionate to what is sought to be achieved. .

5. In rule 31 (special duties of chaplains and appointed ministers)—

(a) in paragraph (1), after “shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” ;

(b) in paragraph (2), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable), ” ;

(c) in paragraph (3), after “the chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

6. In rule 33(1) (religious services), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

7. In rule 37(1) (regime activities), after “An inmate shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

8. In rule 38 (education)—

(a) in paragraph (1), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonable practicable) ” ;

(b) in paragraph (2), after “arrangements shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

9. In rule 39(1) (training courses), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

10. In rule 41(physical education)—

(a) in paragraph (1), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” ;

(b) in paragraph (2), after “Arrangements shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ” .

F13 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M12 14. In rule 77 (visitors) —

(a) after rule 77(1) insert—

(1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a young offender institution or to an inmate in a young offender institution for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to inmates or the young offender institution. .

(b) in paragraph (2), for “Paragraph (1)” substitute “ Paragraph (1) and (1A) ” .

F16 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status: There are currently no known outstanding effects for the The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020.
The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (2020/508)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in Sch. 1 para. 2(b) omitted (26.1.2022) by The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 2(2)omitted
F2Words in Sch. 1 para. 2(b) substituted (26.10.2020) by The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077) , rules 1 , 4(2)substituted
F3Words in Sch. 1 para. 2(b) inserted (26.1.2022) by The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 2(2)inserted
F4Sch. 1 para. 3 omitted (26.10.2020) by virtue of The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077) , rules 1 , 4(3)omitted
F5Sch. 1 para. 9 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 2(3)omitted
F6Sch. 1 para. 10 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 2(3)omitted
F7Sch. 1 para. 11 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 2(3)omitted
F8Sch. 1 para. 13 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 2(3)omitted
F9Words in Sch. 2 para. 2(b) omitted (26.1.2022) by The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 3(2)omitted
F10Words in Sch. 2 para. 2(b) substituted (26.10.2020) by The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077) , rules 1 , 5(2)substituted
F11Words in Sch. 2 para. 2(b) inserted (26.1.2022) by The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 3(2)inserted
F12Sch. 2 para. 3 omitted (26.10.2020) by virtue of The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077) , rules 1 , 5(3)omitted
F13Sch. 2 para. 11 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 3(3)omitted
F14Sch. 2 para. 12 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 3(3)omitted
F15Sch. 2 para. 13 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 3(3)omitted
F16Sch. 2 para. 15 omitted (26.1.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 (S.I. 2022/4) , rules 1(1) , 3(3)omitted
I1Rule 1 in force at 15.5.2020 and rule ceases to have effect (except rule 1(2)) on 25.3.2022, see rule 1(1)(3)omitted
I2Rule 2 in force at 25.3.2022, see rule 1(2)
I3Rule 3 in force at 25.3.2022, see rule 1(2)
I4Rule 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I5Rule 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I6Sch. 1 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I7Sch. 1 para. 2 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I8Sch. 1 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I9Sch. 1 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I10Sch. 1 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I11Sch. 1 para. 7 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I12Sch. 1 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I13Sch. 1 para. 12 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I14Sch. 2 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I15Sch. 2 para. 2 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I16Sch. 2 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I17Sch. 2 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I18Sch. 2 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I19Sch. 2 para. 7 in force at 15.5.2020, see rule. 1(1)
I20Sch. 2 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I21Sch. 2 para. 9 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I22Sch. 2 para. 10 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
I23Sch. 2 para. 14 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)omitted
M11952 c. 52 ; section 47(1) was amended by section 6(2) of the Criminal Justice and Public Order Act 1994 (c. 33) and paragraph 3(2) of Schedule 9 to the Criminal Justice and Courts Act 2015 (c. 2) .
M2S.I. 1999/728 .
M3Rule 9A was inserted by S.I. 2020/400 .
M4S.I. 2000/3371 .
M5Rule 5A was inserted by S.I. 2020/400 .
M6There are amending instruments but none is relevant.
M72020 c. 7 .
M8Rule 35(2A) was inserted by S.I. 2003/3301 .
M9Rule 46(2) was amended by S.I. 2000/1794 .
M10Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597 .
M11There are amending instruments but none is relevant.
M12Rule 77 was amended by S.I. 2008/599 .
Defined TermSection/ArticleIDScope of Application
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