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(This note is not part of the Rules)
These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the principal Rules”).
Rule 2(2) amends the definition of “prohibited articles” within rule 2(1) of the principal Rules to include psychoactive substances (within the meaning given by section 2 of the Psychoactive Substances Act 2016).
Rule 2(3)(a) amends rule 55(2) of the principal Rules to allow prison officers or employees to copy and, for the purposes of investigating whether general correspondence received into a prison contains a prohibited article or unauthorised property, to test that correspondence. Rule 2(3)(b) inserts new paragraphs (3A) and (3B) into rule 55 of the principal Rules. New paragraph (3A) requires prison officers or employees who have copied the contents of a letter or package to provide a copy to the prisoner that letter or package was addressed to. New paragraph (3B) allows the prison officer or employee to retain the original copy of a letter or package which has been copied under rule 55(2) and return it on the prisoner’s release from prison.
No business and regulatory impact assessment has been prepared for these Rules as no impact upon business, charities or voluntary bodies is foreseen.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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