OpenLegislation

Article 36 Use of vaping productsF1F8

Scotland

(1)

Subject to paragraph (3), prisoners may only use a F2vaping product in the following areas of a prison—

(a)

in a cell or room in which a single prisoner is accommodated;

(b)

subject to paragraph (2), in a cell or room in which two or more prisoners are accommodated; or

(c)

in the open air, in any place specified in a direction by the Scottish Ministers.

(2)

Prisoners must not use a F3vaping product in a cell or room which—

(a)

accommodates two or more prisoners; and

(b)

has been designated by the Governor, in accordance with any direction given by the Scottish Ministers, as a cell in which vaping products are not to be used.

(3)

Before commencing a check of a cell or a room 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 use a F4vaping product in the cell or room; and

(b)

open any windows or vents in the cell or room.

(4)

No person may use a F5vaping product in the facilities provided in a prison for mothers and babies.

(5)

In this rule, and in paragraph 26 of schedule 1, to “use a F6vaping product” means to inhale the vapour F7or aerosol from a vaping product.

Annotations

Textual amendments

F1

Rule 36 substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(3)

F2

Word in art. 36(1) substituted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(a)

F3

Word in art. 36(2) substituted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(a)

F4

Word in art. 36(3)(a) substituted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(a)

F5

Word in art. 36(4) substituted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(a)

F6

Word in art. 36(5) substituted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(a)

F7

Words in art. 36(5) inserted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(b)

F8

Word in art. 36 heading substituted (29.10.2026) by The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/213), regs. 1(2), 2(3)(c)