The Criminal Justice Act 1991 (Suspension ofPrisonerCustody Officer Certificate) (Amendment) Regulations 1994

Statutory Instrument 1994 No. 3193

Entered into force 9th January 1995

In exercise of the power conferred upon me by paragraph 3(2) of Schedule 10 to the Criminal Justice Act 1991[1], I hereby make the following Regulations:

1.These Regulations may be cited as the Criminal Justice Act 1991 (Suspension ofPrisonerCustody Officer Certificate) (Amendment) Regulations 1994 and shall come into force on 9th January 1995.

2.In regulation 3 of the Criminal Justice Act 1991 (Suspension ofPrisonerCustody Officer Certificate) Regulations 1992[2]—

(a) for the words "or controller" there shall be substituted the words ", controller or governor";

(b) in sub-paragraph (a)(i), for the words "or performing custodial duties at aprison" there shall be substituted the words ", performing custodial duties at a contracted outprisonor performing contracted out functions at a directly managedprison";

(c) in sub-paragraph (a)(ii), for the words "by the contractor" there shall be substituted the words "by his employer"; and

(d) in sub-paragraph (a)(iii), and in paragraph (b), after the word "controller" there shall be inserted the words "or governor".

EXPLANATORY NOTE

(This note is not part of the Regulations)

Paragraph 3 of Schedule 10 to the Criminal Justice Act 1991 ("the 1991 Act") provides that if it appears to the appropriateprisonerescort monitor, controller of a contracted outprisonor governor of a directly managedprison, that aprisonercustody officer is not a fit and proper person to perform, respectively, escort functions, custodial duties or contracted out functions, he may refer the matter to the Secretary of State who may revoke that officer's certificate and may, in prescribed circumstances, suspend the officer's certificate pending the Secretary of State's decision.

The Criminal Justice Act 1991 (Suspension ofPrisonerCustody Officer Certificate) Regulations 1992 ("the 1992 Regulations") prescribed the circumstances in which theprisonerescort monitor or controller of a contracted outprisoncould suspend an officer's certificate pending the Secretary of State's decision.

These Regulations amend the 1992 Regulations principally so as to prescribe the circumstances in which the governor of a directly managedprisoncan suspend the certificate of an officer performing contracted out functions at a directly managedprisonpending the Secretary of State's decision.

Notes:

[1]1991 c. 53. Paragraph 3 of Schedule 10 to the 1991 Act was amended by section 101(9) of the Criminal Justice and Public Order Act 1994 (c. 33).

[2]S.I. 1992/727.

Source: HMSO - Her Majesty Stationery Office