# The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2025

S.S.I. 2025/277 · made 2 October 2025

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

Made under: Prisons (Scotland) Act 1989 (Section 39)

PDFs: Printed copy https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-2025/pdf/ssi_20250277_en.pdf; Policy Note https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-2025/pdf/ssipn_20250277_en_001.pdf

## Introductory text

PRISONS
Made at 10.45 a.m. on 2nd October 2025
Laid before the Scottish Parliament at 2.30 p.m. on 2nd October 2025
Coming into force 10th November 2025
The Scottish Ministers make the following Rules in exercise of the powers conferred by section 39 of the Prisons (Scotland) Act 1989 and all other powers enabling them to do so.

## 1 Citation and commencement

These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2025 and come into force on 10 November 2025.

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

(1) The Prisons and Young Offenders Institutions (Scotland) Rules 2011 are amended in accordance with paragraphs (2) and (3).
(2) In rule 2(1) (interpretation), in paragraph (a) of the definition of “Governor”, after “rules” insert “5A,”.
(3) After rule 5 (suspension of certificate of a prisoner custody officer) insert—
“Delegation of Governor functions
5A The Governor may authorise the Deputy Governor to exercise, on their behalf, the Governor’s function in section 3C(5)(b) of the 1993 Act.”.

## Signature

ANGELA CONSTANCE
A member of the Scottish Government
St. Andrews House,
Edinburgh
At 10.45 a.m. on 2nd October 2025

## Explanatory note

(This note is not part of the Rules)
These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the principal Rules”).
Rule 2(3) inserts new rule 5A into the principal Rules to permit the Governor to authorise the Deputy Governor to exercise, on the Governor’s behalf, their function in section 3C(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”). Under that section, the Governor appointed for a prison under section 3(1A) of the Prisons (Scotland) Act 1989, may prevent a prisoner who is eligible for release under regulations made by the Scottish Ministers under section 3C(1) of the 1993 Act from being released in accordance with those Regulations. This is known as the “Governor veto”. The 1993 Act currently limits the performance of the function only to the Governor.
Rule 2(2) amends rule 2(1) of the principal Rules to ensure that that Governor, for the purposes of new rule 5A, means the Governor in Charge. This means that it is only the Governor in Charge who can delegate the exercise of their function under section 3C(5)(b) of the 1993 Act to the Deputy Governor.

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Source: https://www.legislation.gov.uk/ssi/2025/277 (the official version)
Page: https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-2025
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.