The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Earnings S

[F1 86.— (1) Subject to the terms of any direction made by the Scottish Ministers under paragraph (4), a prisoner is entitled to be paid earnings where the prisoner undertakes—

(a) work in terms of rules 82 or 85;

(b) work carried out while on temporary release for work under Part 15 of these Rules;

(c) an educational class, including physical education, arranged in terms of rule 84 or 85 which is in lieu of work;

(d) counselling arranged in terms of rule 84 or 85 which is in lieu of work;

(e) a rehabilitative programme arranged in terms of rule 84 which is in lieu of work; and

(f) vocational training arranged in terms of rule 84 which is in lieu of work.

(2) A prisoner who undertakes any of the activities specified in paragraphs (1)(c), (d), (e) or (f) which is not in lieu of work is not entitled to be paid earnings for that activity.

(3) Subject to the terms of any direction made by the Scottish Ministers under paragraph (4), a prisoner who is excused from working under rule 82(2)(a) or (b) is entitled to be paid an allowance in lieu of earnings.

(4) The Scottish Ministers may specify in a direction—

(a) the conditions under which earnings may be paid to a prisoner under paragraph (1); and

(b) the conditions under which an allowance may be paid to a prisoner under paragraph (3).]

Textual Amendments

F1 Rule 86 substituted (19.3.2012) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2012 (S.S.I. 2012/26), rules 1, 2(11)