The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021

JurisdictionScotland
CitationSSI 2021/446
Year2021

2021 No. 446

Prisons

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021

Made 30th November 2021

Laid before the Scottish Parliament 30th November 2021

Coming into force 13th December 2021

The Scottish Ministers make the following Rules in exercise of the powers conferred on them by section 39 of the Prisons (Scotland) Act 19891, and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 and come into force on 13 December 2021.

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

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

2.—(1) The Prisons and Young Offenders Institutions (Scotland) Rules 20112are amended in accordance with paragraphs (2) and (3).

(2) In rule 2(1) (interpretation), in the definition of “prohibited article”—

(a)

(a) in paragraph (f), omit “or”,

(b)

(b) after paragraph (g) insert—

or,

(h)

(h) any substance which is a psychoactive substance within the meaning given by section 2 of the Psychoactive Substances Act 20163.

(3) In rule 55 (restrictions on general correspondence to and from the prisoner)—

(a)

(a) in paragraph (2) after “remove” insert ,

(b)

(b) after paragraph (3) insert—

S-3A

3A Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee must provide the copy to the prisoner.

S-3B

3B Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee may retain the letter or package for return to the prisoner upon his or her release.

KEITH BROWN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 10.40 a.m. on 30th November 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

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

Rule 2(2) amends the definition of “prohibited articles” within rule 2(1) of the principal Rules to include psychoactive substances (within the meaning given by section 2 of the Psychoactive Substances Act 2016).

Rule 2(3)(a) amends rule 55(2) of the principal Rules to allow prison officers or employees to copy and, for the purposes of investigating whether general correspondence received into a prison contains a prohibited article or unauthorised...

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