PART 5HEALTH AND WELFARE

Smoking36.

(1)

Prisoners may only smoke 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 smoke in a cell or room which—

(a)

accommodates two or more prisoners; and

(b)

has been designated by the Governor as a non-smoking cell or room in accordance with a direction given by the Scottish Ministers.

(3)

No person may smoke in the facilities provided in a prison for mothers and babies.