[ S.L.260.06 PRISONS (BOARD OF GOVERNANCE) 1 SUBSIDIARY LEGISLATION 260.06 PRISONS (BOARD OF GOVERNANCE) REGULATIONS 5th June, 2018 LEGAL NOTICE 180 of
- These regulations may be cited as the Prisons (Board of Governance) Regulations.
- In these regulations, unless the context other requires Title. Definitions. "Board" means the Board of Governance established by regulation 3; "Director" shall have the same meaning assigned to it in the Prisons Regulations; S.L. 260.
- "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; 3.
(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. S.L. 260.03. Establishment of Board of Governance.
(2)The Board shall have the composition, duties and functions and be subject to the manner of appointment as established in these regulations. 4. The Board shall consist of five members one of whom shall be the Chairperson. Composition. 5.
(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. Appointment and tenure of office.
(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. 6. The Board shall have the following functions: (
- a)to develop the long-term vision, purpose and direction of the Facility; Functions of the Board. 2 [ S.L.260.06 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. Disqualifications from appointment on the Board. 7. 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 Cap. 386. (
- 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. Procedure. 8.
(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) [ S.L.260.06 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. 9. 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. Relationship of Board with the Director. 10.
(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. Annual Report.
(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. S.L. 260.03. 3