The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Prisoners’ money

This section has no associated Executive Note

51.—(1) The Governor may specify in relation to any prisoner or any category of prisoner, whether the prisoner or any prisoner in that category—

(a)may have cash in his or her possession; and

(b)if so, the maximum amount of, or the denominations of, cash which the prisoner may possess.

(2) Any other money belonging to a prisoner which—

(a)represents earnings paid by virtue of rule 86; or

(b)has been received in the prison and which does not exceed any restrictions as to the amount of money which a prisoner may receive as may be prescribed in a direction made under rule 55(5),

must be paid into an account under the control of the Governor.

(3) Subject to paragraph (4), a prisoner may withdraw money held in an account under paragraph (2) by authorising the Governor to deduct such sums as are required for the purpose of—

(a)making specific payments to persons outwith the prison; or

(b)purchasing any article in prison or arranging for any article to be delivered to the prison.

(4) The Governor may specify in relation to any prisoner, or any category of prisoner, the maximum amount which may be withdrawn by that prisoner or that category of prisoners—

(a)during any specified period; and

(b)for the purposes of purchasing any article in prison or any article to be delivered to prison.

(5) The Governor must, in respect of each prisoner—

(a)keep a record of all money deposited in an account controlled by the Governor under paragraph (2);

(b)keep a record of all money withdrawn in an account controlled by the Governor under paragraph (2); and

(c)make such arrangements as the Governor considers appropriate for all monies held in an account controlled by the Governor under paragraph (2) to be paid to the prisoner on release from prison other than on temporary release.

(6) Nothing in this rule is to be interpreted as preventing a prisoner from opening or maintaining an account with a bank or a building society but the use of such an account will be subject to the other provisions of these Rules.