The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Duty of medical officer to notify certain matters

37.—(1) A medical officer who is of the opinion on medical grounds that a prisoner should–

(a) be confined in specified conditions;

(b) not participate in specified activities;

(c) participate in specified activities only in accordance with such conditions as the medical officer considers necessary;

(d) not be subject to cellular confinement where this has been imposed in terms of rule 119(1)(d); or

(e) not be placed under a restraint in terms of rule 97,

shall notify the Governor, who shall give effect to the medical officer’s opinion without delay.

(2) A medical officer shall notify the Governor without delay of any matter connected with a prisoner or the treatment of prisoners which appears to the medical officer to require attention on medical grounds.

(3) If in respect of any prisoner a medical officer is of the opinion on medical grounds that–

(a) the prisoner is totally and permanently unfit to be detained further in prison;

(b) the life of the prisoner is likely to be endangered by continued detention in prison; or

(c) the health of the prisoner is such that the prisoner is unlikely to survive the sentence or the period for which the prisoner is remanded or detained,

the medical officer shall notify the Governor without delay.

(4) A medical officer shall–

(a) where a matter notified to the Governor pursuant to paragraph (2) remains unattended, report the matter to the Scottish Ministers; and

(b) notify the Scottish Ministers of any case notified to the Governor pursuant to paragraph (3).