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

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SCHEDULE 1Modification of the Prison Rules 1999

Rule 4

1.

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

Annotations:
Commencement Information

I1Sch. 1 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

2.

In rule 2(1) (interpretation) M1

(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 2020 M2;

transition period” means the period F1F2… starting on the date on which a transmission control period ends F3and ending with 24th March 2022;

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

F43.

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

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)
.

Annotations:
Commencement Information

I3Sch. 1 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

5.

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

Annotations:
Commencement Information

I4Sch. 1 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

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)
.

Annotations:
Commencement Information

I5Sch. 1 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

7.

After rule 35(2A) (personal letters and visits) M3 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.”.

Annotations:
Commencement Information

I6Sch. 1 para. 7 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

Marginal Citations

M3Rule 35(2A) was inserted by S.I. 2003/3301.

8.

In rule 46(2) (close supervision centres) M4, after “for a period not exceeding one month” insert
, or, during a coronavirus period, three months,
.

Annotations:
Commencement Information

I7Sch. 1 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

Marginal Citations

M4Rule 46(2) was amended by S.I. 2000/1794.

F59.

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

F610.

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

F711.

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

12.

In rule 73 (visitors) M5

(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)
.

Annotations:
Commencement Information

I8Sch. 1 para. 12 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

Marginal Citations

M5Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597.

F813.

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