OpenLegislation

Article 2 Amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 2011

Original text. Later amendments are not shown.

(1)

The Prisons and Young Offenders Institutions (Scotland) Rules 2011f1 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 2005f2; 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 2010f3 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.”.

Annotations

Footnotes

f1

S.S.I. 2011/331 as amended by S.S.I. 2011/356 and S.S.I. 2012/26.

f2

2005 asp 13.

f3

2010 asp 3.