PRISONS (BOARD OF GOVERNANCE) REGULATIONS

PRISONS (BOARD OF GOVERNANCE)

SUBSIDIARY LEGISLATION 260.06

PRISONS (BOARD OF GOVERNANCE)

REGULATIONS

5th June, 2018

LEGAL NOTICE 180 of 2018.

These regulations may be cited as the Prisons (Board of

Governance) Regulations.

In these regulations, unless the context other requires

"Board" means the Board of Governance established by

regulation 3;

"Director" shall have the same meaning assigned to it in

the Prisons Regulations;

"Facility" means the Corradino Correctional Facility and

includes any other correctional facility to which the Minister

may extend the jurisdiction of the Board;

"Minister" shall have the same meaning assigned to it in

the Prisons Regulations;

(1)

There shall be a Board of Governance to give

direction and advice with respect to the Corradino Correctional

Facility and any other correctional facility as the Minister may by

notice in the Gazette designate.

(2)

The Board shall have the composition, duties and

functions and be subject to the manner of appointment as established

in these regulations.

The Board shall consist of five members one of whom

shall be the Chairperson.

(1)

The Board shall be appointed by the Prime

Minister after consultation with the Minister from amongst persons

with knowledge and experience in fields such as detention, security,

restorative justice, strategic management, criminology, public

administration, law and criminal justice.

(2)

The Chairperson and members of the Board shall hold

office for a period of not more than three years from the 1st January of

the year during which they are appointed and they shall be eligible for

re-appointment.

The Board shall have the following functions

(a)

to develop the long-term vision, purpose and

direction of the Facility;

PRISONS (BOARD OF GOVERNANCE)

(b)

to develop a long-term strategic document in

relation to the Facility;

(c)

to advise on any recommendation brought before it;

(d)

to make recommendations on key organisational

policies; and

(e)

to ensure the proper coordination of the work and

functions of the various boards relating to prisons

Provided that the strategic documents drawn up in

terms of paragraphs (a) and (b) shall be submitted to the Minister

for his prior approval.

No person shall be qualified to be appointed as, or remain,

a member of the Board if he

(a)

is a member of the House of Representatives or of

the European Parliament; or

(b)

is a serving Judge or Magistrate; or

(c)

is legally interdicted or incapacitated; or

(d)

is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud, or of bribery or of money laundering, or has

otherwise been sentenced to a term of effective imprisonment for

any offence other than an involuntary offence; or

(e)

is subject to disqualification under article 320 of

the Companies Act; or

(f)

has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions as

a member of the Board

Provided that the Prime Minister may waive the

disqualification of a person under this paragraph if such person

declares the interest and such declaration and waiver are

published in the Gazette.

(1)

The Board shall convene a meeting at least once a

month at a place as it may establish.

(2)

The quorum at meetings shall be of three members.

(3)

The Director of Prisons shall participate in meetings of the

Board in a non-voting capacity and ex officio.

(4)

Where a vacancy in the Board arises due to the inability of

a member to fulfil the functions of his office for whatever reason, the

Prime minister after consultation with the Minister shall as soon as

PRISONS (BOARD OF GOVERNANCE)

possible appoint another person to fill the vacancy and the person so

appointed shall retain his office for the remaining period of the

original appointment

Provided that the Board may act notwithstanding any vacancy in

its membership.

The Director shall except in urgent or day to day matters

of ordinary administration or in exercising his disciplinary functions in

individual cases, as far as possible exercise his powers under the

Prisons Regulations in accordance with the policies and directions of a

general nature established from time to time by the Board.

(1)

The Board shall by the 30th March of each year

submit an annual report of its work in the previous calendar year to the

Minister and the said report shall as soon as possible be laid by the

Minister on the Table of the House of Representatives.

(2)

The Board shall submit its strategic documents to the

Minister and the said strategic documents shall be submitted by the

Minister to the Social Affairs Committee of the House of

Representatives which shall discuss the workings and findings of the

Board as it considers necessary.