The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[F1 Prisoners’ food and drink: preparation of meals by prisoner for own consumption S

35B.— (1) The Scottish Ministers may specify in a direction the prisons, categories of prisons or parts of prisons to which this rule applies in place of rule 35.

(2) Where this rule applies to a prison or part of a prison by virtue of a direction under paragraph (1), the Governor must—

(a) ensure that every prisoner has access to the facilities reasonably required to—

(i) safely prepare and consume food and drink for their own consumption, and

(ii) safely store the food and drink to be used for their own consumption,

(b) ensure that the facilities referred to in paragraph (2)(a) are inspected on a regular basis, and

(c) ensure that food and drink purchased by prisoners is monitored to check that every prisoner makes purchases that will allow them to consume wholesome and nutritious food and drink on a daily basis.

(3) The Governor may arrange for an allowance to be paid to a prisoner for the sole purpose of making purchases of food and drink to enable that prisoner to prepare wholesome and nutritious food for their own consumption on a daily basis.

(4) If, as a result of monitoring under paragraph (2)(c), it is concluded that a prisoner is not making purchases that will allow them to consume wholesome and nutritious food and drink on a daily basis, an officer will provide the prisoner with information on consuming a healthy diet.

(5) Where an officer has provided a prisoner with information on consuming a healthy diet under paragraph (4), but as a result of further monitoring under paragraph (2)(c) it is concluded that the prisoner continues not to make purchases that will allow them to consume wholesome and nutritious food and drink on a daily basis, an officer may—

(a) prevent the prisoner purchasing any food and drink, and

(b) provide the food and drink needed for the prisoner to prepare wholesome and nutritious food and drink for their own consumption.

(6) The Governor must ensure that every prisoner has access to and can safely prepare and store food and drink which take into account, so far as practicable, the prisoner’s age, health and religious, cultural, dietary or other requirements.

(7) The Governor must ensure that a prisoner who is pregnant is able to purchase, prepare and consume food and drink which take into account any dietary requirements during pregnancy.

(8) If it is impractical for the Governor to comply with paragraphs (2), (3), (6) or (7) due to circumstances pertaining in the prison, or a temporary lack of available facilities, then—

(a) subject to sub-paragraph (b) the Governor must seek to comply with paragraphs (2), (3), (6) and (7) so far as reasonably practicable, and

(b) where the circumstances or temporary lack of available facilities persist for more than 48 hours, the Scottish Ministers may by direction provide that paragraphs (2), (3), (6) and (7) apply in relation to prisoners (or categories of prisoners) in that prison subject to such restrictions as the Scottish Ministers consider appropriate but only for a period not exceeding one month.]

Textual Amendments

F1 Rule 35B inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(3)