PART 5

HEALTH AND WELFARE

Use of nicotine vapour products
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.
Rule 36 substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(3)