The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021

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 in accordance with paragraphs (2) and (3).

(2) In rule 2(1) (interpretation), in the definition of “prohibited article”—

(a) in paragraph (f), omit “or”,

(b) after paragraph (g) insert—

“or,

(h) any substance which is a psychoactive substance within the meaning given by section 2 of the Psychoactive Substances Act 2016(2).”.

(3) In rule 55 (restrictions on general correspondence to and from the prisoner)—

(a) in paragraph (2) after “remove” insert “, copy and, for the purposes of investigating whether it contains a prohibited article or unauthorised property, test”,

(b) after paragraph (3) insert—

“(3A) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee must provide the copy to the prisoner.

(3B) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee may retain the letter or package for return to the prisoner upon his or her release.”.

(1)

S.S.I. 2011/331; as amended by S.S.I. 2011/356, S.S.I. 2012/26, S.S.I. 2013/119, S.S.I. 2014/26, S.S.I. 2015/39, S.S.I. 2016/131, S.S.I. 2017/393, S.S.I. 2018/293, S.S.I. 2020/122, S.S.I. 2020/175, S.S.I. 2020/264, S.S.I. 2021/80, and S.S.I. 2021/289.

(2)

2016 c. 2.