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)

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

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

2

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

• (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

3

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

• (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

4

Schedule 1 contains temporary modifications of the Prison Rules 1999.

Temporary modification of the Young Offender Institution Rules 2000

5

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

SCHEDULE 1 — Modification of the Prison Rules 1999

1

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

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 2020 ; “transition period” means the period ... starting on the date on which a transmission control period ends and ending with 24th March 2022; “transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.

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) ”.

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.

8

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

9

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10

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11

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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) ”.

13

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

SCHEDULE 2 — Modification of the Young Offender Institution Rules 2000

1

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

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 ... starting on the date on which a transmission control period ends and ending with 24th March 2022; “transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.

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) ”.

11

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12

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13

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

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) ”.

15

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Signed

Lucy Frazer — Minister of State — 2020-05-13

Explanatory note

(This note is not part of the Rules)

Footnotes

[^f00001]: 1952 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).

[^f00002]: S.I. 1999/728.

[^f00003]: Rule 9A was inserted by S.I. 2020/400.

[^f00004]: S.I. 2000/3371.

[^f00005]: Rule 5A was inserted by S.I. 2020/400.

[^f00006]: There are amending instruments but none is relevant.

[^f00007]: 2020 c. 7.

[^f00008]: Rule 35(2A) was inserted by S.I. 2003/3301.

[^f00009]: Rule 46(2) was amended by S.I. 2000/1794.

[^f00010]: Rule 53(3) was amended by S.I. 2002/2116 and S.I. 2011/1663.

[^f00011]: Rule 53A(3) was inserted by S.I. 2002/2116 and amended by S.I. 2011/1663.

[^f00012]: Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597.

[^f00013]: Rule 82 was amended by S.I. 2007/2954, S.I. 2007/3149 and S.I. 2013/2462.

[^f00014]: There are amending instruments but none is relevant.

[^f00015]: Rule 58(3) was amended by S.I. 2002/2117 and S.I. 2011/1663.

[^f00016]: Rule 58A(3) was inserted by S.I. 2002/2117 and amended by S.I. 2011/1663.

[^f00017]: Rule 77 was amended by S.I. 2008/599.

[^f00018]: Rule 86 was amended by S.I. 2007/2953, S.I. 2007/3220 and S.I. 2013/2462.

Editorial notes

[^c24109261]: 1952 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).

[^c24109271]: S.I. 1999/728.

[^c24109281]: Rule 9A was inserted by S.I. 2020/400.

[^c24109291]: S.I. 2000/3371.

[^c24109301]: Rule 5A was inserted by S.I. 2020/400.

[^c24109311]: There are amending instruments but none is relevant.

[^c24109321]: 2020 c. 7.

[^c24109331]: Rule 35(2A) was inserted by S.I. 2003/3301.

[^c24109341]: Rule 46(2) was amended by S.I. 2000/1794.

[^c24109371]: Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597.

[^c24109391]: There are amending instruments but none is relevant.

[^c24109421]: Rule 77 was amended by S.I. 2008/599.

[^key-d5c07c1406ddb0350e7522956acac0df]: Rule 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)

[^key-fa35741a110cc731c2618c4fa4b8d818]: Rule 3 in force at 25.3.2022, see rule 1(2)

[^key-48c45640a12ab65cb59d6c8b5fbde489]: Rule 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-4a02d8edfc4bcf03e5adb658b7e64517]: Rule 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-ab6105e986eb6c493bc4c306c507cb49]: Sch. 1 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-270fc237535a912a3794d0833a03f18d]: Sch. 1 para. 2 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-3f75e738b98bc8532db670fa08298133]: Sch. 1 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-8b4a5c1027a16543909a6990705b86e1]: Sch. 1 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-d0a35633fb1be72a82f0606e47d3467d]: Sch. 1 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-611d0af8b52bb74be05e47705030c538]: Sch. 1 para. 7 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-3161fde952a4d18357c5d70a5046c698]: Sch. 1 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-9a6bd66ac9e34be94cd8a33dc84ec6fd]: Sch. 1 para. 12 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-e8784e46789114845151147bbd23f0e2]: Sch. 2 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-c8acbe37e87a6eb2995a0b28a0f76bee]: Sch. 2 para. 2 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-5c2f15c1b98bf02835f099a8f1bbe78d]: Sch. 2 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-cc41a6e0b0e769265f696f3ae86a87f2]: Sch. 2 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-98eec642d8aab3565af7c0e26e3fb30a]: Sch. 2 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-7f9703960b893b6b796aa894e858ccfb]: Sch. 2 para. 7 in force at 15.5.2020, see rule. 1(1)

[^key-5b70d4323f57e1ba025d33b0ee8983de]: Sch. 2 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-7516ec6ba97d9e41bd7c8316b5b2fef6]: Sch. 2 para. 9 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-64268b4a32b271100e6c611dcbc3d178]: Sch. 2 para. 10 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-35f437badf2d6f3395119c327b411408]: Sch. 2 para. 14 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)

[^key-878eb48cf2be8880edf32ed86f04d893]: Words 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)

[^key-ed291c5661baa1dde4b5f2045cc3ca1e]: Sch. 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)

[^key-dbed5b16f796657dc05b3d61c1486802]: Words 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)

[^key-08843c81c8c29e52e07baeadf30ca52f]: Sch. 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)

[^M_I_69ff045e-a7d9-4efd-b92a-dad5deffdb45]: Rule 2 in force at 25.3.2022, see rule 1(2)

[^key-98370ce08850b2a58fe57ab329096885]: Sch. 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)

[^key-65307549ee7d2cea7e24faf6d1c8e902]: Words 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)

[^key-7349187950925424a6bfa1a0df377cbd]: Words 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)

[^key-50b4d9cb47096aa0bfb9c044f7b35991]: Sch. 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)

[^key-4da3fe5148ac3f5f2b6894c663bb16b8]: Sch. 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)

[^key-1b329c4d27f765c3fd1b4687d3e53fb3]: Sch. 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)

[^key-6f716e7d2e5f0a4ab637872615663f13]: Words 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)

[^key-01f2a1290fa0307e7fdd468eaa1871fa]: Words 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)

[^key-bb723aa6080aed28485453004867800e]: Sch. 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)

[^key-d3fc7729ca58b5f5d0ae7ac3b3e94e8c]: Sch. 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)

[^key-02f3f479fce8246f55e194736731808c]: Sch. 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)

[^key-9ff156b6f1b012936abc717e84bbcd64]: Sch. 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)