# The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998, Article 43: Amendment of rule 99 of the principal Rules


(1) Rule 99 of the principal Rules (breaches of discipline occurring immediately before or during transfer) is amended in accordance with the following paragraphs of this rule.
(2) In the heading to the rule, for the words “immediately before or during transfer”, there are substituted the words “before reception into prison”.
(3) After paragraph (2) there are inserted the following paragraphs:–
“(3) If, following a prisoner’s reception on a transfer from another prison, he is charged with a breach of discipline contrary to paragraph (x) of Schedule 3 in circumstances where–
(a) the controlled drug specified in the relevant charge may have been administered to him before his reception in the prison; but
(b) the prisoner was detained in a prison throughout the period during which the drug might have been administered,
the Governor may deal with that matter in accordance with this Part of these Rules as if the controlled drug, which it is alleged was administered, had been administered whilst the prisoner was in the prison to which he has been transferred.
(4) Where–
(a) a prisoner who provided a sample in accordance with rule 88A was at that time an untried prisoner;
(b) the prisoner was detained in a prison throughout the period during which the drug might have been administered;
(c) following an analysis of the sample there are grounds for believing that he was guilty of a breach of discipline contrary to paragraph (x) of Schedule 3; and
(d) following the provision of the sample he is convicted and sentenced to imprisonment,
the Governor of the prison to which he is committed following conviction may deal with the charge in accordance with this Part of these Rules irrespective of whether the controlled drug, which it is alleged was administered, had been administered whilst the prisoner was in the prison to which he has been committed.”.

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Source: https://www.legislation.gov.uk/uksi/1998/1589/article/43 (the official version)
Page: https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998/article-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.