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36.—(1) Prisoners may only smoke in the following areas of a prison—
(a)in a cell or room in which a single prisoner is accommodated;
(b)subject to paragraph (2), in a cell or room in which two or more prisoners are accommodated; or
(c)in the open air, in any place specified in a direction by the Scottish Ministers.
(2) Prisoners must not smoke in a cell or room which—
(a)accommodates two or more prisoners; and
(b)has been designated by the Governor as a non-smoking cell or room in accordance with a direction given by the Scottish Ministers.
(3) No person may smoke in the facilities provided in a prison for mothers and babies.
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