Prisons Citation, commencement, application and interpretation 1 1 These Rules may be cited as the Parole Board (Scotland) Amendment Rules 2012 and come into force on 26th June 2012. 2 These Rules apply to every case referred to the Board on or after the 26th June 2012. 3 In paragraph (2), “the Board” has the same meaning as in rule 2(1) of the Parole Board (Scotland) Rules 2001 . Amendment of the Parole Board (Scotland) Rules 2001 2 The Parole Board (Scotland) Rules 2001 are amended as follows. 3 In rule 2(1)— a after the definition of “damaging information”, insert— “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 (c.7) ; b after the definition of “tribunal” insert— “working day” means any day other than a Saturday, Sunday or public holiday . 4 In rule 5— a in paragraph (1), for “2 weeks” substitute “10 working days”; b in paragraph (2)— i for “2 weeks” substitute “10 working days”; and ii for “12 weeks” substitute “60 working days”. 5 In rule 11, for “by facsimile transmission,” substitute “as an electronic communication, by fax,”. 6 In rule 12A— a in paragraph (2) for “7 days” substitute “5 working days”; b in paragraph (4) for “7 days” substitute “5 working days”. 7 In rule 14— a for paragraph (1) substitute— 1 Subject to the following paragraphs, the powers of the Board may be exercised— a in a case that is determined to be dealt with by way of an oral hearing under rule 15A, by any 3 members of the Board; b in any other case, by any 2 members of the Board. ; b in paragraph (2)— i omit “Without prejudice to rule 15(3)”; ii after “case” where it first occurs, insert “, other than a case that is to be dealt with by way of an oral hearing under rule 15A,”; iii for “3”, substitute “2”; c in paragraph (7)— i for sub-paragraph (a), substitute— a the chairman of the Board may, subject to paragraphs (4), (5) and (8), appoint another member of the Board in place of the absent member; or ; ii in sub-paragraph (b) omit “and the person concerned consents”; d after paragraph 7, insert— 8 Where paragraph (7) applies to a case being dealt with by 2 members of the Board, the chairman of the Board must appoint another member of the Board in place of the absent member. . 8 In rule 15— a in paragraph (2), omit sub-paragraph (b); b omit paragraph (3). 9 In rule 15A— a in paragraph (2)(b), for “determinate sentence prisoner” substitute “a person subject to a determinate sentence”; b in paragraph (2)(c), for “prisoner” substitute “person”. 10 In rule 15B— a in paragraph (1), for “21 days’” substitute “15 working days’”; b in paragraph (2), for “21 days” substitute “15 working days”; c in paragraph (3), for “7 days’” substitute “5 working days’”; d in paragraph (4)(b), for “7 days’” substitute “5 working days”. 11 In rule 15E(7), for “7 days” substitute “5 working days”. 12 In rule 15H— a in paragraph (1), omit from “provided that”, to the end; b in paragraph (2)(b), after “hearing”, insert “, or as the case may be, the chairman of the Board if, after the case has been dealt with, the chairman of the hearing is unavailable for whatever reason”; c in paragraph (2)(c), for “14 days” substitute “10 working days”; d after paragraph (2), insert — 3 Where the Board is constituted by 2 members and the 2 members cannot reach a unanimous decision, the chairman of the Board must appoint 3 other members in place of those 2 members in terms of rule 14(6) for the purpose of hearing that case under rule 15A. . 13 For rule 16, substitute— Decision 16 1 The decision of the Board may be taken by a majority and the decision must record whether it was unanimous or taken by a majority. 2 Where the Board is constituted by 2 members and the 2 members cannot reach a unanimous decision, the chairman of the Board must appoint a third member in terms of rule 14(2) for the purpose of dealing with the case. 3 Where the Board is constituted by an even number of members that is greater than 2, the chairman of the Board or other presiding member has a second or casting vote. . 14 In rule 18(5)(b), omit “and the parties consent”. 15 In rule 19(4), for “14 days’” substitute “10 working days”. 16 In rule 21— a in paragraph (1), for “3 weeks’” substitute “15 working days’”; b in paragraph (2), for “3 weeks” substitute “15 working days”; c in paragraph (3), for “7 days’” substitute “5 working days”; d in paragraph (4)(b), for “7 days’”, substitute “5 working days’”. 17 In rule 28— a in paragraph (1), omit from “provided that”, to the end; b in paragraph 2(b), after “tribunal”, insert “, or as the case may be, the chairman of the Board, if, after the case has been dealt with, the chairman of the tribunal is unavailable for whatever reason”; c in paragraph 2(c), for “14 days”, substitute “10 working days”; d after paragraph (2), insert— 3 Where the tribunal is constituted by 2 members and the 2 members cannot reach a unanimous decision, the chairman of the Board must appoint 3 other members in place of those 2 members to form a new tribunal in terms of rule 18(1) for the purpose of dealing with that case. . 18 In the Schedule, for paragraph 5 substitute— 5 1 In a Part IV case— a a copy of the judgement of the High Court appeal by the prisoner against his current sentence or the conviction on which that sentence was imposed; b a copy of any decision recorded by the Board under rule 28 in connection with any previous referral to the Board; c a copy of any reports contained in a previous dossier which are referred to in any report provided to the Board under paragraph 7 of this Schedule; d a copy of any other information contained in a previous dossier that the Board may require; and e a copy of any written notice by the prisoner that the prisoner does not wish their case to be considered by the Board. 2 In this paragraph— “previous dossier” means any dossier sent to the Board under rule 5 of these Rules, rule 5 of the 1993 Rules, or rule 5 of the 1995 Rules in connection with a previous referral; “previous referral” means any referral of the prisoner’s case to the Board which occurred on or after 4th August 1995. . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 24th May 2012