Amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 20112
1
The Prisons and Young Offenders Institutions (Scotland) Rules 20112 are amended as follows.
2
In rule 2 (Interpretation) for the definition of “smoke” substitute—
“smoke”—
- a
in respect of tobacco or products containing or mixed with tobacco, has the meaning assigned to it in section 4(1) of the Smoking, Health and Social Care (Scotland) Act 20053; and
- b
in respect of a nicotine vapour product as defined in in section 35A of the Tobacco and Primary Medical Services (Scotland) Act 20104 means inhaling vapour from a nicotine vapour product.
3
In rule 36 (Smoking)—
a
in paragraph (1) for “Prisoners” substitute “Subject to paragraph (2A) prisoners”;
b
after paragraph (2) insert—
2A
Before commencing a check of a cell or a room to ensure that it is secure, safe and habitable, 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 smoke in the cell or room; and
b
open any windows or vents in the cell or room.