- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Prisons and Young Offenders Institutions (Scotland) Rules 2011, Section 78A.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
78A.—(1) The entitlement of a prisoner to receive virtual visits under this rule is subject to—
(a)the provisions of this rule; and
(b)the provisions of any direction made under paragraph (10).
(2) A prisoner is entitled to receive virtual visits where—
(a)the Scottish Ministers have authorised the use of virtual visits in the prison in a direction made under paragraph (10); and
(b)facilities for virtual visits have been provided in the prison.
(3) The Governor may impose restrictions as to—
(a)the times of day during which a prisoner may receive a virtual visit; and
(b)the frequency of virtual visits that a prisoner may receive in any specified period.
(4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—
(a)different classes of prisoners; and
(b)different parts of the prison.
(5) The Governor may restrict or remove a prisoner’s entitlement to receive virtual visits in accordance with any direction made under paragraph (10).
(6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).
(7) The Governor must inform a prisoner in writing, of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to receive virtual visits.
(8) Where a prisoner receives a virtual visit in terms of this rule, the virtual visit must take place—
(a)within the sight of an officer; and
(b)within the hearing of an officer unless the Governor has otherwise authorised.
(9) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, the Governor may—
(a)prohibit a prisoner from receiving a virtual visit from any specified person; or
(b)terminate a virtual visit which is taking place.
(10) The Scottish Ministers may specify in a direction—
(a)the prisons in which a prisoner may receive a virtual visit;
(b)the conditions applicable to the use of the facilities provided for receiving a virtual visit;
(c)the circumstances in which, and the grounds on which, a prisoner’s entitlement to receive virtual visits can be restricted or removed by the Governor; and
(d)the circumstances in which, and the means by which, virtual visits received by a prisoner are to be logged, monitored and recorded.
(11) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of virtual visits.
(12) For the purposes of this rule, “virtual visit” means a visit which takes place—
(a)via a video-link;
(b)between a prisoner and either a relative or friend of the prisoner; and
(c)in such part of the prison as the Governor deems suitable.
(13) For the purposes of rules 63 to 78, “visit” does not include a virtual visit.]
Textual Amendments
F1Rule 78A inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(7)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: