Explanatory note

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

Rule 2(2) amends rule 92 of the principal Rules to expressly provide the Governor of a prison a discretion to allow a prisoner to be searched by a prison officer of a different gender to them. This discretion may only be exercised where the Governor considers it necessary for the purposes of protecting the health, welfare or safety of any person, or for protecting the security or good order of the prison. Rule 2(2) also ensures that any prison officer observing a search will be the same gender as the officer carrying out that search.

Rules 2(3) and 2(4) amend rules 93 and 94 of the principal Rules respectively to expressly provide the Governor of a prison a discretion to require a prisoner providing a sample of urine for the purposes of ascertaining whether the prisoner has any controlled drug or alcohol in their body to provide that sample in the sight of a person of a different gender to them. This discretion may only be exercised where the Governor considers it necessary for the purposes of protecting the health, welfare or safety of any person, or for protecting the security or good order of the prison.

Rule 2(5) amends rule 106 of the principal Rules to expressly provide the Governor of a prison a discretion to allow a visitor to be searched by a prison officer of a different gender to them. This discretion may only be exercised where the Governor considers it necessary for the purposes of protecting the health, welfare or safety of any person, or for protecting the security or good order of the prison.

Rule 2(6) amends rule 108 of the principal Rules to expressly provide the Governor of a prison a discretion to allow a person providing contracted out services to the prison or a healthcare professional working at the prison to be searched by a prison officer of a different gender to them. This discretion may only be exercised where the Governor considers it necessary for the purposes of protecting the health, welfare or safety of any person, or for protecting the security or good order of the prison.

Rule 2(7) amends rule 142 of the principal Rules to expressly provide the Governor of a prison a discretion to allow a prison officer or employee to be searched by a prison officer of a different gender to them. This discretion may only be exercised where the Governor considers it necessary for the purposes of protecting the health, welfare or safety of any person, or for protecting the security or good order of the prison.

No business and regulatory impact assessment has been prepared for these Rules as no impact on business, charities or voluntary bodies is foreseen.