The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2017

Amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 2011

2.—(1) The Prisons and Young Offenders Institutions (Scotland) Rules 2011(1) are amended as follows.

(2) In rule 2 (Interpretation) for the definition of “smoke” substitute—

““smoke”—

(a)

in respect of tobacco or products containing or mixed with tobacco, has the meaning assigned to it in section 4(1) of the Smoking, Health and Social Care (Scotland) Act 2005(2); and

(b)

in respect of a nicotine vapour product as defined in in section 35A of the Tobacco and Primary Medical Services (Scotland) Act 2010(3) means inhaling vapour from a nicotine vapour product.”.

(3) In rule 36 (Smoking)—

(a) in paragraph (1) for “Prisoners” substitute “Subject to paragraph (2A) prisoners”;

(b) after paragraph (2) insert—

“(2A) Before commencing a check of a cell or a room to ensure that it is secure, safe and habitable, the Governor may instruct a prisoner, that for a period starting 30 minutes before the check is to proceed and ending when the check is complete, the prisoner must—

(a) not smoke in the cell or room; and

(b) open any windows or vents in the cell or room.”.

(1)

S.S.I. 2011/331 as amended by S.S.I. 2011/356 and S.S.I. 2012/26.

(2)

2005 asp 13.

(3)

2010 asp 3.