{
  "url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-2011/article-45",
  "json_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-2011/article-45.json",
  "legislation": "ssi/2011/331",
  "legislation_title": "The Prisons and Young Offenders Institutions (Scotland) Rules 2011",
  "legislation_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-2011",
  "path": "article/45",
  "kind": "article",
  "number": "45",
  "heading": "Privileges",
  "text": "(1) The Governor must establish, a system of privileges for the prisoners detained in the prison.\n(2) The system of privileges may contain different provision for—\n(a) different categories of prisoners; and\n(b) prisoners detained in specific parts of the prison.\n(3) A system of privileges established under paragraph (1) may include provision in relation to—\n(a) the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner's cell or room;\n(b) the arrangements whereby a prisoner may purchase items within, or outwith, the prison;\n(c) the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88;\n(d) the arrangements whereby a prisoner may have a nicotine vapour product in his or her possession;\n(e) the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and\n(f) any other matter as may be specified in a direction made by the Scottish Ministers under this rule.\n(4) A system of privileges established under paragraph (1) cannot—\n(a) prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules,\n(b) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or\n(c) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b).\n(5) The Governor must ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to—\n(a) the application to the prisoner of the system of privileges established under this rule; and\n(b) the circumstances in which privileges may be withdrawn.\n(6) The Governor must give reasons to a prisoner where the Governor takes a decision to—\n(a) withdraw any privilege enjoyed by the prisoner; or\n(b) refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 45(3)(d) substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(4)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word substituted",
      "affecting": "ssi/2026/213",
      "affecting_title": "The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/331/article/45",
    "retrieved_at": "2026-10-28T21:48:01.668993+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}