HL Deb 25 March 1993 vol 544 c451

35 Schedule 5, Page 42, line 27, at end insert: '() In section 14(1) (legalised police cells), after the word "under" there shall be inserted the words "section 39 of".'.

36 Page 42, line 28, leave out sub-paragraph (3) and insert: '(3) In section 19 (provisions of 1989 Act applying to remand centres and young offenders institutions)—

  1. (a) in subsection (3), for the words "the rules" there shall be substituted the words "rules under section 39 of this Act"; and
  2. (b) in subsection (4), in sub-paragraph (iii) of the proviso—
    1. (i) for the words "paragraphs (i) and (ii)" there shall be substituted the words "paragraph (i)"; and
    2. (ii) for the words "of the Secretary of State" there shall be substituted the words "under section 39 of this Act".'.

37 Page 42, line 35, at end insert: '() In section 39(1) (rules for the management of prisons and other institutions)—

  1. (a) the word "and", where it occurs for the third time, shall cease to have effect; and
  2. (b) at the end there shall be added the words "and for any other matter as respects which it is provided in this Act that rules may be made under this section".'.

38 Page 43, line 3, leave out from beginning to 'rules' in line 8 and insert ', for the words from "regulations" to the end there shall be substituted the words "an order made under section 37(1) or".'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 35 to 38 en bloc. All these amendments have one purpose in common. That purpose is to make it clear that all rules made under the Prisons (Scotland) Act 1989 are to be made under Section 39 of that Act, and that any rules, regulations or orders made under the Act are to be made by statutory instrument, subject to annulment. These amendments would clear up some anomalies which emerged as a result of the consolidation of the earlier legislation.

Moved, That the House do agree with the Commons in their Amendments Nos. 35 to 38.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.