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”—

    1. 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

    2. 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.