4. After regulation 5, insert—
“5A.—(1) For the purposes of section 94(1)(d) of the Act a prescribed welfare service does not include a welfare service(1) that is provided in the course of work within a prison by a prisoner to another prisoner.
(2) For the purposes of this regulation—
(a)“prison” means a prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989(2), and includes any contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994(3);
(b)“prisoner” means a person committed for trial, safe custody, punishment or otherwise, in a prison.”.
Section 94(5) of the 2007 Act contains a definition of “welfare service”.
1994 c.33. Section 106(4) was relevantly amended by S.I. 1999/1820.