The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[F1Use of nicotine vapour productsS

This section has no associated Executive Note

36.—(1) Subject to paragraph (3), prisoners may only use a nicotine vapour product in the following areas of a prison—

(a)in a cell or room in which a single prisoner is accommodated;

(b)subject to paragraph (2), in a cell or room in which two or more prisoners are accommodated; or

(c)in the open air, in any place specified in a direction by the Scottish Ministers.

(2) Prisoners must not use a nicotine vapour product in a cell or room which—

(a)accommodates two or more prisoners; and

(b)has been designated by the Governor, in accordance with any direction given by the Scottish Ministers, as a cell in which nicotine vapour products are not to be used.

(3) Before commencing a check of a cell or a room 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 use a nicotine vapour product in the cell or room; and

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

(4) No person may use a nicotine vapour product in the facilities provided in a prison for mothers and babies.

(5) In this rule, and in paragraph 26 of schedule 1, to “use a nicotine vapour product” means to inhale the vapour from a nicotine vapour product.]

Textual Amendments