PART 5HEALTH AND WELFARE
F1Use of nicotine vapour products36.
(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.