The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Prisoners' food and drink S

35.—(1) The Governor must—

(a) ensure that every prisoner is provided with wholesome and nutritious food and drink on a daily basis;

(b) ensure that the quantity of food and drink provided to each prisoner is adequate for health and nutrition and is well prepared and well presented;

(c) taste and otherwise check samples of the food and drink prepared for prisoners on a daily basis to ensure its quality and condition; and

(d) ensure that the facilities and conditions under which such food and drink are stored, prepared and served are inspected on a regular basis.

(2) If an officer finds any deficiency as a result of any sampling or inspection, the Governor must remedy that deficiency as soon as reasonably practicable.

(3) The Governor must ensure that every prisoner is provided with food which takes into account, so far as practicable, the prisoner's age, health and religious, cultural, dietary or other requirements.

(4) A prisoner must not receive or possess any food or drink unless—

(a) it has been provided to the prisoner in terms of this rule;

(b) the prisoner was permitted to purchase it within the prison and purchased it in the prison; or

(c) the Governor has otherwise given permission.

(5) If it is impractical for the Governor to comply with paragraphs (1) or (3) due to exceptional circumstances pertaining in the prison, or a temporary lack of facilities at the prison, then—

(a) subject to sub-paragraph (b) the Governor must seek to comply with paragraphs (1) and (3) so far as reasonably practicable; and

(b) where the exceptional circumstances or temporary lack of facilities persist for more than 48 hours, the Scottish Ministers may by direction provide that paragraphs (1) and (3) apply in relation to prisoners (or categories of prisoners) in that prison subject to such restrictions as the Scottish Ministers consider appropriate but only for a period not exceeding one month.

[F1 (6) This rule does not apply to prisons, categories of prisons or parts of prisons specified by the Scottish Ministers in a direction under rule 35B(1) (prisoners’ food and drink: preparation of meals by prisoner for own consumption).]

Textual Amendments

F1 Rule 35(6) inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(2)