The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Rule 113

SCHEDULE 1 BREACHES OF DISCIPLINE

A prisoner shall be guilty of a breach of discipline if he or she–

(a) commits any assault;

(b) detains any person against his or her will;

(c) denies access to any part of the prison to any officer or any person (other than a prisoner) who is at the prison for the purpose of working there;

(d) fights with any person;

(e) intentionally endangers the health or personal safety of others or, by his or her conduct, is reckless whereby such health or personal safety is endangered.

(f) intentionally obstructs an officer in the execution of his or her duty or any person (other than a prisoner), who is at the prison for the purpose of working there, in the performance of his or her work;

(g) escapes or absconds from prison or from legal custody;

(h) fails–

(i) to return to prison when he or she should return after being temporarily released under Part 15 of these Rules; or

(ii) to comply with any condition upon which he or she is so temporarily released;

(i) have–

(i) in his or her possession, or concealed about his or her body or in any body orifice, any article or substance which he or she is not authorised to have or a greater quantity of any article or substance than he or she is authorised to have; or

(ii) in his or her possession whilst in a particular part of the prison any article or substance which he or she is not authorised to have when in that part of the prison;

(j) sells or delivers to any person any article which he or she is not authorised to have;

(k) sells or, without permission, delivers to any person any article which he or she is allowed to have only for his or her own use;

(l) takes improperly any article belonging to another person or to the prison;

(m) intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him or her;

(n) destroys or damages any part of a prison or any other property, other than his or her own;

(o) absents his or herself from any place where he or she is required to be or is present at any place where he or she is not authorised to be;

(p) is disrespectful to any officer, or any person (other than a prisoner) who is at the prison for the purpose of working there, or any person visiting a prison;

(q) uses threatening, abusive or insulting words or behaviour;

(r) intentionally fails to work properly or, being required to work, refuses to do so;

(s) disobeys any lawful order;

(t) disobeys or fails to comply with any rule, direction or regulation applying to a prisoner;

(u) inhales any substance, or the fumes of any substance, which is–

(i) a prohibited article;

(ii) an article which he or she is not authorised to possess or keep in terms of these Rules or by any officer; or

(iii) an article which he or she is so authorised to keep or possess but not for the purpose of inhaling or inhaling the fumes thereof;

(v) smokes in an area of a prison where smoking is not permitted by virtue of rule 31;

(w) consumes, takes, injects, ingests or conceals inside a body orifice any substance which is a prohibited article;

(x) commits any indecent or obscene act;

(y) administers a controlled drug to him or herself or fails to prevent the administration of a controlled drug to him or herself by another person (but subject to rule 117(6));

(z) fails, without reasonable excuse, to open his or her mouth for the purpose of enabling a visual examination in terms of rule 106(2)(d); or

(aa) attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or to attempt to commit, any of the foregoing breaches;

Rule 155

SCHEDULE 2 CONSTITUTION OF VISITING COMMITTEES

(1)	(2)	(3)	(4)
Name of Prison	Name of Appointing Authorities	Number of Members to be appointed	Number of Members who are non members of Appointing Authority
ABERDEEN	Aberdeen City Council	4	2
	Aberdeenshire Council	2	2
BARLINNIE	West Dumbarton Council	2	1
	East Ayrshire Council	1	–
	Glasgow City Council	10	4
	Inverclyde Council	1	–
	North Ayrshire Council	2	1
	North Lanarkshire Council	4	2
	Renfrewshire Council	1	–
	South Lanarkshire Council	4	2
CASTLE HUNTLY	Perth and Kinross Council	5	2
	Dundee City Council	3	1
CORNTON VALE	Clackmannanshire Council	2	1
	Stirling Council	7	3
	Falkirk Council	6	2
DUMFRIES	Dumfries and Galloway Council	11	4
EDINBURGH	City of Edinburgh Council	10	4
	East Lothian Council	2	1
	West Lothian Council	2	1
	Midlothian Council	3	1
GLENOCHIL	Clackmannanshire Council	5	2
	Stirling Council	4	2
	Fife Council	5	2
GREENOCK	Inverclyde Council	5	2
	North Ayrshire Council	2
	Argyle and Bute Council	1
INVERNESS	Highland Council	10	4
KILMARNOCK	East Ayrshire Council	4	2
	South Ayrshire Council	4	2
	North Ayrshire Council	4	2
	East Renfrewshire Council	2	1
	South Lanarkshire Council	1	–
LOW MOSS	City of Glasgow Council	3	1
	North Lanarkshire Council	3	1
	East Dunbartonshire Council	4	2
NORANSIDE	Angus Council	5	2
	Dundee City Council	3	1
PERTH	Perth and Kinross Council	10	4
	Dundee City Council	9	3
PETERHEAD	Aberdeenshire Council	5	2
	Aberdeen City Council	3	1
SHOTTS	North Lanarkshire Council	9	3
	South Lanarkshire Council	8	3

Rule 164

SCHEDULE 3 CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

(1)	(2)	(3)
Legalised Police Cells	Names of Appointing Authorities	Number of members to be appointed
CAMPBELTOWN	Argyll and Bute Council	3
DUNOON	Inverclyde Council	1
	Argyll and Bute Council	2
HAWICK	Scottish Borders Council	3
KIRKWALL	Orkney Islands Council	3
LERWICK	Shetland Islands Council	3
LOCHMADDY	Comhairle nan Eilean Sair	3
OBAN	Argyll and Bute Council	3
STORNOWAY	Comhairle nan Eilean Sair	3
THURSO	Highland Council	3

Rule 166

SCHEDULE 4 REVOCATIONS

(1)	(2)
Rules revoked	References
The Prisons and Young Offenders Institutions (Scotland) Rules 1994	S.I. 1994/1931
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996	S.I. 1996/32
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1997	S.I. 1997/2007
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998	S.I. 1998/1589
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998	S.I. 1998/2504
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1999	S.I. 1999/374
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2000	S.S.I. 2000/187
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2002	S.S.I. 2002/107
The Scottish Public Services Ombudsman Act 2002 (Consequential Modification of Instruments) Order 2003	S.S.I. 2003/242
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2006	S.S.I. 2006/5

Rule 167

SCHEDULE 5 SAVINGS AND TRANSITIONAL PROVISIONS

Savings and transitional provisions for the 1994 Rules

1.  Subject to the following sub paragraphs of this paragraph, where at the date of revocation of the 1994 Rules by rule 167 of these Rules–

(a) there remains extant any privilege or certificate granted;

(b) there remains in force any authority, direction order or permission given;

(c) any record or minute requires to be made in respect of any matter;

(d) any complaint made requires to be or is being investigated; or

(e) any inquiry or investigation requires to be or is being carried out,

under any provision of the 1994 Rules, then, insofar as any matter specified in heads (a) to (e) above could be granted, given, made, investigated or carried out under a corresponding provision of these Rules, that matter shall be treated as if it had been granted, made or given, or as if it had to be made, investigated, or carried out, under the corresponding provision of these Rules.

(2) Any award of a punishment under any one or more of sub paragraphs (a) to (d) and (g) to (i) of rule 100(1) of the 1994 Rules which was made in respect of a prisoner prior to the date of coming into force of these Rules shall be deemed to have effect as if awarded under rule 119 of these Rules.

(3) Where, at the date of coming into force of these Rules, any report of an offence against discipline which was made in terms of rule 96 of the 1994 Rules has not been adjudicated, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 114(1) of these Rules.

(4) The Scottish Prison Service Code of Discipline 1993 made by the Secretary of State on 24th October 1992 shall continue to apply as if it had been approved under rule 155 of these Rules.