265 tal-2007 - Regolamenti tal-2007 li jemendaw ir-Regolamenti dwar il-Ħabs

L.N. 265 of 2007

PRISONS ACT

(CAP. 260)

Prisons (Amendment) Regulations, 2007

BY virtue of the powers conferred by article 6 of the Prisons Act,

the Deputy Prime Minister and Minister for Justice and Home Affairs

has made the following regulations>-

The title of these regulations is the Prisons (Amendment) Title.

Regulations, 2007 and they shall be read and construed as one with the

Prisons Regulations, 1995, hereinafter referred to as “the principal L.N. 118 of 1995.

regulations”.

In regulation 104 of the principal regulations, paragraph (f) Amends regulation

104 of the principal

shall be renumbered as paragraph (g) and immediately after paragraph regulations.

(e) thereof there shall be added the following new paragraph>-

“(f) to act as the person responsible for a National Preventive

Mechanism for the prevention of torture, as provided for in the

Optional Protocol to the United Nations Convention against

Torture< and”.

For sub-regulation (3) of regulation 106 of the principal Amends regulation

106 of the principal

regulations there shall be substituted the following>

regulations.

“(3) The prisoners shall be asked if they have any complaints

to make with regard to their treatment in the prison and any prisoner

wishing to make a complaint shall be heard in such part of the

prison as the Board may deem fit>

Provided that no sanction shall be ordered, applied, permitted

or tolerated against any person or organization for having

communicated to the Board any information, whether true or false,

and no such person or organization shall be otherwise prejudiced

in any way.”.

For sub-regulation (2) of regulation 108 there shall be Amends regulation

108 of the principal

substituted the following>

regulations.

“(2) The decisions of the Board shall not be binding upon

the Director but it shall be the duty of the Director to take serious

cognizance of the recommendations of the Board following a

decision taken as provided in subregulation (1) and to enter into a

dialogue with the Board on possible implementation measures.

Subject to the provisions of subregulation (3), where the Director,

or any other prison officer acting on his behalf, is of the opinion

that the recommendations of the Board cannot be implemented

for reasons which are in the best interests of the prison

administration, an explanation in writing of these reasons shall,

within one month of the date of receipt of the Board’s

recommendations, be forwarded to the chairman of the Board and

copied to the Minister, or to a person delegated by him. The

Minister, or the person delegated by him, may confirm or vary the

decision of the Director.”.

Regulation 116 of the principal regulations shall be renumbered

as sub-regulation (1) thereof and immediately thereafter there shall be

added the following new sub-regulation>

“(2) Confidential information collected by the Board shall

be privileged and no personal data shall be published without the

express consent of the person concerned.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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