2017 No. 393
Prisons

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2017

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Rules in exercise of the powers conferred by section 39 of the Prisons (Scotland) Act 19891 and all other powers enabling them to do so.

Citation and commencement1.

These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2017 and come into force on 8th January 2018.

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.”.

MICHAEL MATHESON
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Rules)

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011.

Rule 2(2) extends the definition of “smoke” to include nicotine vapour products, as defined in the Tobacco and Primary Medical Services (Scotland) Act 2010. This will allow prisoners to use vaping products as well as smoke tobacco.

Rule 2(3) amends rule 36 to allow Governors to instruct prisoners, who would otherwise be able to smoke in their cells, to desist from doing so and to open all vents and windows in their cell before and whilst certain cell checks are being carried out in their cell. By stopping smoking and opening windows and vents it is hoped that officers carrying out the cell checks will be exposed to reduced or minimal second hand smoke.