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(a) appointed for the first time to the board of visitors for a particular prison; or

(b) reappointed to the board following a gap of a year or more in his membership of it,

shall, during the period of 12 months following the date on which he is so appointed or (as the case may be) reappointed, undertake such training as may reasonably be required by the Secretary of State.

    (3) The Secretary of State may terminate the appointment of a member if he is satisfied that - 

(a) he has failed satisfactorily to perform his duties;

(b) he has failed to undertake training he has been required to undertake under paragraph (2), by the end of the period specified in that paragraph;

(c) he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties;

(d) he has been convicted of such a criminal offence, or his conduct has been such, that it is not in the Secretary of State's opinion fitting that he should remain a member; or

(e) there is, or appears to be or could appear to be, any conflict of interest between the member performing his duties as a member and any interest of that member, whether personal, financial or otherwise.

    (4) Where the Secretary of State:

(a) has reason to suspect that a member of the board of visitors for a prison may have so conducted himself that his appointment may be liable to be terminated under paragraph (3)(a) or (d); and

(b) is of the opinion that the suspected conduct is of such a serious nature that the member cannot be permitted to continue to perform his functions as a member of the board pending the completion of the Secretary of State's investigations into the matter and any decision as to whether the member's appointment should be terminated,

he may suspend the member from office for such period or periods as he may reasonably require in order to complete his investigations and determine whether or not the appointment of the member should be so terminated; and a member so suspended shall not, during the period of his suspension, be regarded as being a member of the board, other than for the purposes of this paragraph and paragraphs (1) and (3).

    (5) A board shall have a chairman and a vice chairman who shall be members of the board.

    (6) The Secretary of State shall - 

(a) upon the constitution of a board for the first time, appoint a chairman and a vice chairman to hold office for a period not exceeding twelve months;

(b) thereafter appoint, before the date of the first meeting of the board in any year of office of the board, a chairman and vice chairman for that year, having first consulted the board; and

(c) promptly fill, after first having consulted the board, any casual vacancy in the office of chairman or vice chairman.

    (7) The Secretary of State may terminate the appointment of a member as chairman or vice chairman of the board if he is satisfied that the member has - 

(a) failed satisfactorily to perform his functions as chairman (or as the case may be) vice chairman;

(b) has grossly misconducted himself while performing those functions.

Proceedings of boards
     76.  - (1) The board of visitors for a prison shall meet at the prison once a month or, if they resolve for reasons specified in the resolution that less frequent meetings are sufficient, not fewer than eight times in twelve months.

    (2) The board may fix a quorum of not fewer than three members for proceedings.

    (3) The board shall keep minutes of their proceedings.

    (4) The proceedings of the board shall not be invalidated by any vacancy in the membership or any defect in the appointment of a member.

General duties of boards
     77.  - (1) The board of visitors for a prison shall satisfy themselves as to the state of the prison premises, the administration of the prison and the treatment of the prisoners.

    (2) The board shall inquire into and report upon any matter into which the Secretary of State asks them to inquire.

    (3) The board shall direct the attention of the governor to any matter which calls for his attention, and shall report to the Secretary of State any matter which they consider it expedient to report.

    (4) The board shall inform the Secretary of State immediately of any abuse which comes to their knowledge.

    (5) Before exercising any power under these Rules the board and any member of the board shall consult the governor in relation to any matter which may affect discipline.

Particular duties
     78.  - (1) The board of visitors for a prison and any member of the board shall hear any complaint or request which a prisoner wishes to make to them or him.

    (2) The board shall arrange for the food of the prisoners to be inspected by a member of the board at frequent intervals.

    (3) The board shall inquire into any report made to them, whether or not by a member of the board, that a prisoner's health, mental or physical, is likely to be injuriously affected by any conditions of his imprisonment.

Members visiting prisons
     79.  - (1) The members of the board of visitors for a prison shall visit the prison frequently, and the board shall arrange a rota whereby at least one of its members visits the prison between meetings of the board.

    (2) A member of the board shall have access at any time to every part of the prison and to every prisoner, and he may interview any prisoner out of the sight and hearing of officers.

    (3) A member of the board shall have access to the records of the prison.

Annual report
     80.  - (1) The board of visitors for a prison shall, in accordance with paragraphs (2) and (3) below, from time to time make a report to the Secretary of State concerning the state of the prison and its administration, including in it any advice and suggestions they consider appropriate.

    (2) The board shall comply with any directions given to them from time to time by the Secretary of State as to the following matters:

(a) the period to be covered by a report under paragraph (1);

(b) the frequency with which such a report is to be made; and

(c) the length of time from the end of the period covered by such a report within which it is to be made;

either in respect of a particular report or generally; providing that no directions may be issued under this paragraph if they would have the effect of requiring a board to make or deliver a report less frequently than once in every 12 months.

    (3) Subject to any directions given to them under paragraph (2), the board shall, under paragraph (1), make an annual report to the Secretary of State as soon as reasonably possible after 31st December each year, which shall cover the period of 12 months ending on that date or, in the case of a board constituted for the first time during that period, such part of that period during which the board has been in existence.

(a) references to an officer in the Rules shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties;

(b) references to a governor in the Rules 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 - 


(i) in rules 45, 48, 49, 53, 54, 55, 61 and 81 where references to a governor shall include references to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act, and

(ii) in rules 62(1), 66 and 77 where references to a governor shall include references to the director and the controller;



(c) rule 68 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.

    (2) Where a director exercises the powers set out in section 85(3) (b) of the 1991 Act (removal from association, temporary confinement and restraints) in cases of urgency, he shall notify the controller of that fact forthwith.

Contracted out parts of prisons
     83. Where the Secretary of State has entered into a contract for the running of part of a prison under section 84(1) of the Criminal Justice Act 1991, that part and the remaining part shall each be treated for the purposes of Parts II to IV and Part VI of these Rules as if they were separate prisons.

Contracted out functions at directly managed prisons
     84.  - (1) Where the Secretary of State has entered into a contract under section 88A(1) of the Criminal Justice Act 1991 ("the 1991 Act") for any functions at a directly managed prison to be performed by prisoner custody officers who are authorised to perform custodial duties under section 89(1) of the 1991 Act, references to an officer in these Rules shall, subject to paragraph (2), include references to a prisoner custody officer who is so authorised and who is performing contracted out functions for the purposes of, or for purposes connected with, the prison.

    (2) Paragraph (1) shall not apply to references to an officer in rule 68.

    (3) In this rule, "directly managed prison" has the meaning assigned to it by section 88A(5) of the 1991 Act.

Revocations and savings
     85.  - (1) Subject to paragraphs (2) and (3) below, the Rules specified in the Schedule to these Rules are hereby revoked.

    (2) Without prejudice to the Interpretation Act 1978[17], where a prisoner committed an offence against discipline contrary to rule 47 of the Prison Rules 1964[18] prior to the coming into force of these Rules, those rules shall continue to have effect to permit the prisoner to be charged with such an offence, disciplinary proceedings in relation to such an offence to be continued, and the governor to impose punishment for such an offence.

    (3) Without prejudice to the Interpretation Act 1978, any award of additional days or other punishment or suspended punishment for an offence against discipline awarded or imposed under any provision of the rules revoked by this rule, or those rules as saved by paragraph (2), or treated by any such provision as having been awarded or imposed under the rules revoked by this rule, shall have effect as if awarded or imposed under the corresponding provision of these Rules.


Jack Straw
One of Her Majesty's Principal Secretaries of State

Home Office
     March 1999

[16] 1991 c. 53.back

[17] 1978 c. 30.back

[18] S.I. 1964/388.back