{
  "url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998/article-38",
  "json_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998/article-38.json",
  "legislation": "uksi/1998/1589",
  "legislation_title": "The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998",
  "legislation_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Substitution of rule 86 of the principal Rules",
  "text": "(1) For rule 86 of the principal Rules (admission and searching of visitors) there are substituted the following rules:–\n“Admission of visitors\n86 (1) Where any person seeks to enter a prison as a visitor, an officer may ask the visitor–\n(a) to state his name and address and the purpose of his visit; and\n(b) to deposit for the duration of the visit any article in his possession which the officer considers may be prejudicial to security, good order or safety.\n(2) A person to whom rule 62C applies who seeks to enter a prison as a visitor for the purposes of a visit as mentioned in that rule shall, immediately on arrival, inform an officer that he wishes to visit the prison in accordance with that rule.\n(3) A person who is, or has previously carried on the profession or vocation of, a journalist, an author or a media representative and who seeks to enter a prison for the purpose of visiting a prisoner who is a friend or relative of his on a personal basis, and not for professional or vocational purposes, shall, immediately on arrival, inform an officer of that fact.\n(4) Without prejudice to the powers conferred by section 41 of the Act, an officer may refuse to admit a visitor where–\n(a) a visitor refuses to comply with a request made in terms of paragraph (1); or\n(b) the visitor refuses to give consent for the purposes of rule 86A(1) or(3) or, having given consent, is obstructive in the course of the relevant search.\n(5) Where an officer refuses admission to a visitor in terms of this rule, he shall record particulars of the matters, including his reasons.\n(6) In this rule, and in rules 86A and 86B, “visitor” includes any person (other than an officer or employee) visiting the premises comprising the prison (or any part thereof).\n(7) the Governor shall ensure that a notice explaining the effect of the provisions of this rule, of rules 86A and 86B, of section 41 of the Act and of any direction made for any purpose specified in rule 63(3) shall be displayed prominently in the visits area of the prison.\nSearching of visitors\n86A (1) Without prejudice to any power of search referred to in the Act, an officer may ask the visitor to consent to a search or searches in accordance with the provisions of this rule of–\n(a) his person and any of his personal possessions;\n(b) his open mouth, but without the use of force or any instruments; and\n(c) where the visitor is in charge of any vehicle which he intends to take into any area forming part of the premises of the prison, that vehicle.\n(2) Where the visitor has given consent to a search or searches in accordance with paragraph (1), a search thereunder may take place–\n(a) prior to his admission to the part of the prison where the visit is to take place; and\n(b) where the Governor considers that–\n(i) the visitor has failed to comply with rule 86(2) or (3) or;\n(ii) in the case of any visit taking place in terms of rule 55(7A), 56(5A) or 62C, the terms of any undertaking mentioned in any of those provisions have been breached or that there has been a contravention of any restrictions or conditions specified in the direction by virtue of rule 63(3),\nin addition to a search on admission, at any time whilst the visitor is in the prison.\n(3) Where the visitor has given consent to a search or searches in accordance with paragraph (1)(c), the search of the vehicle may also be made prior to the visitor’s leaving the prison.\n(4) Where a visitor is searched with his consent in terms of paragraph (1)–\n(a) the officer carrying out the search shall be of the same sex as the visitor; and\n(b) the search shall be carried out as expeditiously and decently as possible.\n(5) A visitor shall not be asked in terms of paragraph (1) to remove, nor shall a search thereunder involve the removal of, any of his clothing other than outer coat, jacket, headgear, gloves and footwear.\n(6) A search of a visitor’s personal possessions (including any item of clothing which he may be asked to remove in terms of paragraph (5)) or of any vehicle under paragraph (1) may, in addition to being carried out by hand but subject to paragraphs (5) and (8), be carried out–\n(a) by the use of equipment involving–\n(i) the application of a suction device or a swab on or to such possessions or such a vehicle (or anything in it) in order to collect particles from their surface; and\n(ii) the analysis of such particles for the purpose of ascertaining whether any consists of a controlled drug or an explosive substance;\n(b) by the use of equipment designed to detect the existence of metal objects; and\n(c) in accordance with such procedures and conditions as may be specified in a direction by the Secretary of State.\n(7) Where in the course of a search undertaken in accordance with paragraph (1) an officer finds any prohibited article, he may seize and detain that article.\n(8) Where a visitor is searched by an officer under section 41(2A) of the Act–\n(a) the officer carrying out the search shall be of the same sex as the visitor;\n(b) the search shall be undertaken outwith the sight of any prisoner, any other visitor or officers who are not of the same sex as the visitor; and\n(c) the search shall be carried out as expeditiously and recently as possible.\nRemoval of visitors\n86B (1) Without prejudice to section 41(3) of the Act, an officer may terminate a visit and remove the visitor from the prison where the officer–\n(a) has reasonable grounds for suspecting that the visitor has in his possession or is taking out, or attempting to take out, any article which the Governor has not authorised the visitor to convey into the prison or any article which may be prejudicial to security, good order or discipline;\n(b) considers that the visitor’s conduct is prejudicial to the security, good order or safety or that it is otherwise necessary to terminate the visit in the interests of security, discipline or the prevention of disorder or crime;\n(c) has reasonable grounds for suspecting that the visitor has failed to comply with rule 86(2) or (3); or\n(d) in the case of any visit taking place in terms of rule 55(7A), 56(5A) or 62C, considers that the terms of any undertaking mentioned in any of those provisions have been breached or that there has been contravention of any restrictions or conditions specified in a direction made by virtue of rule 63(3).\n(2) Where an officer terminates a visit of this rule, he shall record particulars of the matter, including his reasons.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1589/article/38",
    "retrieved_at": "2026-10-29T11:26:24.777016+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}