The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[^key-ab2e3cb6c30d06ea4d355514a360bbfe]: Words in rule 142(2)(a) inserted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(20)

[^key-a1ee34a4d45e11e00b8bc1ec9e3a6ae4]: Words in sch. 1 para. 30 inserted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(21)

[^key-fa870f9a2d5869eef9a2093a69116a3d]: 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)

[^key-fbefbdfb1bac35b94c04f95b043dca5f]: Sch. 1 para. 26 substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(6)

[^key-983ce177c2549117bbd35962f6766169]: Words in rule 2 inserted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(2)(a)

[^key-fb72a21eb1df71d38c6fa6c545ec08ff]: Words in rule 2 substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(2)(b)

[^key-ddff6a3434004f9fb16f7aa8fbb2484d]: Words in rule 2 revoked (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(2)(c)

[^key-84174bafae7259a43b0018fd9844695f]: Words in rule 2 inserted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(2)(d)

[^key-48df6a6b555fe0e02d7cec78dca43864]: 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)

[^key-5691176b866330eb98bd32c702e7b1e0]: Rule 103(2) revoked (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(5)

[^key-ecf15dc9ef9af6177249a52f803197ea]: Rule 40A inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(9)

[^key-56bd0138ba33cfca34896600fb80170d]: Rule 41A inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(10)

[^key-570ec75cdece3ae909f0b4c67e192185]: Rule 63A inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(13)

[^key-3f94a9980ea6a82accc11dafb9cc332a]: Rule 84A inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(15)

[^key-a4909ec042cf73402d559a30bc942586]: Rule 88A inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(16)

[^key-bd20d7fde153cd0705e6a40f383e66aa]: Rule 136B inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(24)

[^key-15a53dde05e6a314fbe57ac2a9032315]: Words in rule 2(1) inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(2)(a)

[^key-5e30226bd250d37d5bb0762d8dfadec0]: Words in rule 2(1) inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(2)(b)

[^key-fb3d78cc249e99b94b76140c0cc265c2]: Rule 7 substituted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(3)

[^key-34bb6cd8e82bb3b812ef4cd8f560085b]: Rule 60 substituted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(5)

[^key-b3b7721b35febb609ad348f84ac4d692]: Rules 62, 62A substituted for rule 62 (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(6)

[^key-d2e99ebef9c693880a4846032ae0bd69]: Rule 78A inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(7)

[^key-37f828a90a9fc97256ca8c3871a9322c]: Sch. 1 paras. 27A-27E inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(8)

[^key-412867c8966e4209dc140f3edf59e358]: Words in rule 2(1) inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(2)(a)

[^key-f9d59a45ed082b04f55ba6cf849c7103]: Words in rule 2(1) inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(2)(b)

[^key-1c6841189bfc1a8200f074135e338791]: Words in rule 2(1) substituted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(2)(c)(i)

[^key-d19320ef66f047d7a1f0f8fc8d210a1b]: Word in rule 2(1) inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(2)(c)(ii)

[^key-b90804b087ed8367756918fdd471da3a]: Words in rule 2(1) inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(2)(d)

[^key-fe8ffaf77551b3da2953f60d0b907372]: Words in rule 2(1) inserted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(2)(e)

[^key-5e041232fa32126c321657c34c93a13c]: Rule 46(1)(1A) substituted for rule 46(1) (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(4)

[^key-02e9b697ce7d95115550f767d11a7b11]: Rule 33A omitted (29.9.2020) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2020 (S.S.I. 2020/264), rules 1, 2(3)

[^key-63feb364946c46c7463cb5a4fc3b7f05]: Rule 34A omitted (29.9.2020) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2020 (S.S.I. 2020/264), rules 1, 2(4)

[^key-97cb5cfdddbcbedce6b5e2142e02c847]: Rule 35A omitted (29.9.2020) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2020 (S.S.I. 2020/264), rules 1, 2(5)

[^key-4665775177626358c8adef53d6179d8a]: Rule 19A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(a)

[^key-82e5f4314f40cd242d75dfcbb533ad6a]: Rule 20A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(b)

[^key-24a13b88d199adca6babbe9a1336e516]: Rule 21A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(c)

[^key-9039f2261ab78e2cc3abc14ca5d3ded6]: Rule 43A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(d)

[^key-9a6fca2aadd3325452011f400ff12d0e]: Rule 52A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(e)

[^key-cc7f10e97de5545ab1d2cffb1aa9076d]: Rule 81A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(f)

[^key-e204faee14deebac2cad6d19c21b118b]: Rule 111A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(g)

[^key-2492faf3b9c5791c9cb5719fff3ba204]: Rule 116A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(h)

[^key-056691689b93c352f7bb811aa122a72c]: Rule 118A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(i)

[^key-a61f536505fb6569fc1e793e5331dacb]: Rule 122A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(k)

[^key-c2d24eaf4a6cb0002f6d5fa9277a4102]: Rule 123A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(l)

[^key-33d476bfa0129b14ec3a6d650417322b]: Rule 131A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(m)

[^key-e856b402a3fba8629cc1ba5eaef4ffa5]: Word in rule 2(1) omitted (13.12.2021) by virtue of The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(2)(a)

[^key-4fd05068b1b42253a6e313a3300fe9da]: Words in rule 2(1) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(2)(b)

[^M_F_0bdadfe9-80a7-4b11-d10c-95f23fccb64f]: 2016 c. 2.

[^key-0ad1957537bb3ccfb2650a320630c711]: Words in rule 55(2) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(3)(a)

[^key-d322f668f52f965c6bd2f367b85a3e99]: Rule 55(3A)(3B) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(3)(b)

[^key-333c4df8701d5f6c285ddcce5f533e7f]: Words in rule 2(1) substituted (30.3.2022) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2022 (S.S.I. 2022/73), rules 1, 2

[^M_F_dbdbe815-7234-4081-8676-92729134f96d]: Rule 120A omitted (29.9.2021) by virtue of The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (S.S.I. 2021/289), rules 1, 4(j)

[^key-bf0334c1bdb54c166e2736f466cc56c8]: Words in rule 100(2) substituted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(5)(a)

[^key-e8b586667a0e0100e290afc5b316efdf]: Rule 100(4) substituted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(5)(b)

[^key-3e5d8434f9f456fc5faf2ee49320c041]: Word in rule 100(5)(c) substituted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(5)(c)(i)

[^key-eedbb796e90b25be3c5d534bf60c3251]: Rule 100(5)(f) inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(5)(c)(ii)

[^key-7390b547e76b4a9877bf8ea0f37e72c3]: Rule 35(6) inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(2)

[^key-d5c81132d990c8ec909e5e0089ca2224]: Rule 99(3) inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(4)

[^key-b281d7372661ced14b28a09bfb190e7e]: Rule 35B inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(3)

[^key-ad9b5557c244a579de2335a7007eb84c]: Rule 127(10) inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(6)

[^key-1ab2e9836234da4eb012e3419f504e02]: Words in rule 136 inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(7)

[^key-4861fc2091b274b57da1be434d70e1bd]: Rule 92(3A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(2)(b)

[^key-466c508f0ba946d471971444c71271e9]: Words in rule 92(3) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(2)(a)(i)

[^key-a0e57278c1dfcda5c2e1b2b3fa983e7c]: Words in rule 92(3)(b) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(2)(a)(ii)

[^key-74f86cede1123e8d568107a80f725c82]: Words in rule 92(3)(c) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(2)(a)(iii)

[^key-e5801f8fd891651712ae74cf206d5607]: Words in rule 93(8)(b) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(3)

[^key-f59226c62137f748aa414ff59385a508]: Words in rule 94(8)(b) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(4)

[^key-61e5fd2ab9fcca5c005b4d70e98590d8]: Rule 106(3A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(b)

[^key-534fdb74259113f91bee5e60c59813ea]: Rule 106(8A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(d)

[^key-d82f81208fb7cbe8bd6760fdbdc4bc9c]: Words in rule 106(3) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(a)

[^key-a5b09f54949e9c380c5a13609243c4bb]: Words in rule 106(8) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(c)(i)

[^key-4fcb0693dee8552cc666bb1caa0d9866]: Words in rule 106(8)(a) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(c)(ii)

[^key-0c32946a7f5d1cfe103d835789602bba]: Rule 108(3A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(b)

[^key-802a1391131a057ffce96300e9f0e914]: Rule 108(8A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(d)

[^key-1abb32d223536fa8fff72bacd3ad7ad7]: Words in rule 108(3) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(a)

[^key-aed9e4181fd2bab67d76c28ca5db0dc5]: Words in rule 108(8) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(c)(i)

[^key-5150010327080c04ab901226129590af]: Words in rule 108(8)(a) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(c)(ii)

[^key-0331855d613ce41196852a50ca9a22d0]: Rule 142(2A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(7)(b)

[^key-03545dd912e7697e584d50ce3a3007b7]: Rule 142(7A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(7)(d)

[^key-1769caf8039a2075258ca632ac409b0f]: Words in rule 142(2) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(7)(a)

[^key-255aee022a855ce078dcc4081b5163d7]: Words in rule 142(7) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(7)(c)(i)

[^key-520fb757d9a3eb3aee424e10bb0cb276]: Words in rule 142(7)(a) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(7)(c)(ii)

[^key-177176195eea52bdfd63792a4af44983]: Word in rule 2(1) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 21(4), 38(3); S.S.I. 2024/211, reg. 2(e) (with reg. 3)

[^key-44e9e0ccdded4a685ec2faea9625596e]: Word in rule 2(1) inserted (10.11.2025) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2025 (S.S.I. 2025/277), rules 1, 2(2)

[^key-d6249b3bd5ce6c7f3445f4cc782dd996]: Rule 5A inserted (10.11.2025) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2025 (S.S.I. 2025/277), rules 1, 2(3)

Elimination of discrimination, harassment and victimisation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements for care outwith prison

Declaration of religion, belief or non-belief

44A

• (1) An officer must ask a prisoner upon reception to declare his or her religion, belief or non-belief.

• (2) A prisoner may declare his or her religion, belief or non-belief to an officer at any time.

• (3) A prisoner may change a declaration made under paragraph (2) at any time.

• (4) A prisoner is not obliged to give any information to an officer about having a particular religion, belief or non-belief upon reception or at any other time.

• (5) Where a prisoner declares his or her religion, belief or non-belief under paragraph (2) or (3), the Governor must inform the chaplaincy team of the declaration.

• (6) A prisoner is to be treated as having a particular religion, belief or non-belief for the purposes of these Rules if the prisoner has declared his or her religion, belief or non-belief under paragraph (2) or (3).

Restrictions on general correspondence to and from the prisoner

Opening and reading of confidential correspondence

Confidential correspondence which cannot be clearly identified

Visits by ... constables

Extension of certain periods of temporary release

136A

• (1) Where the Governor considers it appropriate to do so, the Governor may, before the expiry of a period of relevant temporary release, apply to the Scottish Minsters to extend the period of relevant temporary release in accordance with this rule.

• (2) The Scottish Ministers may—

• (a) on an application of a Governor made under paragraph (1); and

• (b) where they are satisfied that it is appropriate to do so,

allow the period of relevant temporary release to be extended by a period of no more than seven days.

• (3) Where a period of relevant temporary release has been extended by the Scottish Ministers under paragraph (2), the period of extension is to be taken as a period of relevant temporary release for the purposes of this rule.

• (4) In this rule “relevant temporary release” means unescorted release for health reasons as defined in rule 136.

Recall of prisoners granted temporary release

Direction with respect to temporary release

Use of nicotine vapour products

Assignment of supervision levels on review – coronavirus

19A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintaining or lowering a supervision level on review

Maintaining or lowering a supervision level on review – coronavirus

20A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assigning certain supervision levels on review

Assigning certain supervision levels on review – coronavirus

21A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction with respect to supervision levels

Imposition of special security measures

Provisional imposition of special security measures

Reviews of imposition of special security measures

Direction with respect to special security measures

Disclosure of information considered by the Governor under this Part

Provision of clothing to prisoners – coronavirus

33A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal hygiene

Personal hygiene - coronavirus

34A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners' food and drink

Prisoners’ food and drink – coronavirus

35A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recommendations by healthcare professionals – coronavirus

40A

• (1) For the duration of a coronavirus outbreak, paragraph (2) applies where the Governor receives, a recommendation from a healthcare professional that, in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, all prisoners in the prison, prisoners in a specified part of the prison or specified prisoners—

• (a) should be confined to their cell until further notice, or for specified periods until further notice; or

• (b) should not participate in specified activities until further notice, or for specified periods until further notice.

• (2) Where this paragraph applies, the Governor must—

• (a) give effect to the recommendation from the healthcare professional without delay; and

• (b) notify the Scottish Ministers of the recommendation and the action being taken under sub-paragraph (a).

• (3) Subject to paragraphs (5), (6), and (7) a recommendation made under paragraph (1) ceases to apply on the earlier of—

• (a) the expiry of the period of 14 days after the recommendation was received by the Governor, or

• (a) that date that the recommendation is withdrawn by the healthcare professional.

• (4) On the expiry or withdrawal of a recommendation under paragraph (1), the Governor must cease the action taken under paragraph (2)(a) without delay.

• (5) Prior to the expiry of a recommendation made under paragraph (1), the Governor may, on the advice of the healthcare professional that it is necessary in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, make an application to the Scottish Minsters to extend the period specified in paragraph (3)(a) for a further period of no more than 14 days.

• (6) The Scottish Minsters may, following receipt of an application made under paragraph (5), where they are satisfied that it is necessary in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, extend the period specified in paragraph (3)(a) for a period of no more than 14 days.

• (7) Where the period specified in sub-paragraph (3)(a) has been extended by the Scottish Ministers under paragraph (6), the period of extension is to be taken as the period specified under paragraph (3) and may be further extended by the Scottish Ministers for periods of no more than 14 days at a time on receipt of a further application by the Governor under paragraph (5).

Accommodation in specified conditions

Accommodation in specified conditions – coronavirus

41A

• (1) For the duration of a coronavirus outbreak, rule 41 has effect subject to the following modifications.

• (2) In sub-paragraph (3)(c), for “72 hours” substitute “14 days”.

• (3) In sub-paragraph (12)(a), for “72 hours” substitute “14 days”.

Notification of relatives and friends of prisoners suffering serious illness, etc

Prisoners' welfare

Prisoners’ welfare - coronavirus

43A

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Supplies of books, newspapers, etc to prisoners – coronavirus

52A

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Visits to prisoners – coronavirus

63A

• (1) For the duration of a coronavirus outbreak rules 63 to 76 are subject to this rule.

• (2) Where the Governor considers it necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, the Governor may suspend visits.

• (3) In suspending visits under paragraph (2), the Governor may make different provision for different purposes including by reference to—

• (a) different types of prisoners, and

• (b) different types of visits under rules 63 to 76.

• (4) The Governor must regularly review any suspension of visits ordered under this rule to assess whether it remains necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison.

Visits to untried and civil prisoners by persons of a prisoner's choice

Accumulated visits

Visits by legal advisers

Visits by procurators fiscal

Visits by ... constables

Visits by representatives of diplomatic services and national or international authorities or organisations

Special visits to certain prisoners in connection with further proceedings

Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament

Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf

Visits by media representatives

Visits by members of the Parole Board for Scotland

Visits by members or employees of the Scottish Criminal Cases Review Commission

Visits by persons in connection with disciplinary proceedings

Restrictions and conditions applicable to visits under Part 8

Closed visiting facilities

Arrangements for securing release of prisoners committed to prison in default of payments

Arrangements for work, education and counselling – coronavirus

81A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners' work

Conditions of work

Purposeful activities

Purposeful activities – coronavirus

84A

• (1) For the duration of a coronavirus outbreak, rule 84 has effect subject to the following modifications.

• (2) In paragraph (1), for “The Governor” substitute “Subject to paragraph (5), the Governor”.

• (3) After paragraph (4), insert—

(5) Where the Governor considers it necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, the Governor may— (a) suspend all purposeful activity within the prison; or (b) suspend some purposeful activities within the prison. (6) The Governor must regularly review any suspension of purposeful activity ordered under paragraph (5) to assess whether it remains necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison. (7) Where work has been suspended by the Governor under paragraph (5), rule 82 has no effect.

Work undertaken by untried and civil prisoners

Earnings

Exercise and time in the open air

Recreation

Recreation – coronavirus

88A

• (1) For the duration of a coronavirus outbreak, rule 88 has effect subject to the following modifications.

• (2) In paragraph (1), for “The Governor” substitute “Subject to paragraph (4), the Governor”.

• (3) After paragraph (3), insert—

(4) Where the Governor considers it necessary and proportionate in response to the effects coronavirus is having, or is likely to have, on or in relation to the prison, the Governor may— (a) suspend all recreational activity within the prison; or (b) suspend some recreational activities within the prison. (5) The Governor must regularly review any suspension of recreational activity ordered under paragraph (4) to assess whether it remains necessary and proportionate in response to the effects coronavirus is having, or is likely to have, on or in relation to the prison.

Prohibition on prisoners carrying on any trade, profession or vocation from prison

Reporting breaches of discipline – coronavirus

111A

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Charging breaches of discipline

Disciplinary hearings

Punishment

Suspended punishments

Breaches of discipline committed in another prison or during transfer

Breaches of discipline committed in another prison or during transfer – coronavirus

116A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breaches of discipline involving the use of controlled drugs

Disciplinary appeals

Disciplinary appeals – coronavirus

118A

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Direction with respect to the disciplinary appeals procedure

Requests to speak to certain persons – coronavirus

120A

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Representations and complaints to the Scottish Ministers in relation to certain matters

Complaints to the residential first line manager

Complaints to the residential first line manager - coronavirus

122A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral of complaints to the Internal Complaints Committee

Referral of complaints to the Internal Complaints Committee – coronavirus

123A

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Complaints to the Governor in relation to confidential matters

Direction with respect to complaints procedures

Healthcare assessment prior to transfer – coronavirus

131A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of clothing and return of property

Release of fine defaulters after payment

Extension of certain periods of temporary release – coronavirus

136B

• (1) For the duration of a coronavirus outbreak, rule 136A has effect subject to the following modifications.

• (2) In paragraph (2), for “seven” substitute “14”.

• (3) In paragraph (4), after “means” insert “home leave or”.

Recall of prisoners granted temporary release

Direction with respect to temporary release

Availability of Rules, directions etc.

Restriction on communications

Communication by communal telephone or in-cell telephone

Communication by authorised personal communication device

62A

• (1) The entitlement of a prisoner to possess and use an authorised personal communication device under this rule is subject to—

• (a) the terms of any authorisation made under section 41ZB(8) of the Act;

• (b) the provisions of rule 60 and this rule; and

• (c) the provisions of any direction made under paragraph (11).

• (2) A prisoner is entitled to possess and use an authorised personal communication device where—

• (a) the Scottish Ministers have authorised the possession and use of authorised personal communication devices in the prison under section 41ZB(8) of the Act; and

• (b) the Governor has provided an authorised personal communication device to the prisoner.

• (3) The Governor may impose restrictions as to—

• (a) the parts of a prison in which a prisoner may possess or use an authorised personal communication device;

• (b) the times of day during which a prisoner may use an authorised personal communication device.

• (4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—

• (a) different classes of prisoners;

• (b) different parts of the prison; and

• (c) different types of authorised personal communication device.

• (5) The Governor may restrict or remove a prisoner’s entitlement to possess and use an authorised personal communication device—

• (a) in accordance with rule 60; or

• (b) in accordance with any direction made under paragraph (11).

• (6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).

• (7) The Governor must inform a prisoner in writing of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to possess and use an authorised personal communication device.

• (8) A prisoner must not possess, or use, an authorised personal communication device which was not provided to the prisoner by the Governor for use by that prisoner.

• (9) A prisoner must not—

• (a) tamper with any authorised personal communication device or cause someone else to tamper with the device; or

• (b) intentionally damage or destroy any authorised personal communication device or cause someone else so to damage or destroy the device.

• (10) A prisoner must return any authorised personal communication device in the prisoner’s possession to an officer where the officer orders the prisoner to do so.

• (11) The Scottish Ministers may specify in a direction—

• (a) the conditions applicable to the possession and use of an authorised personal communication device by a prisoner;

• (b) the circumstances in which, and the grounds on which, a prisoner’s entitlement to possess and use an authorised personal communication device can be restricted or removed by the Governor;

• (c) the numbers which a prisoner may, or may not, call on an authorised personal communication device;

• (d) the circumstances in which, and the means by which, calls made by a prisoner from an authorised personal communication device are to be logged, monitored and recorded.

• (12) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from an authorised personal communication device.

• (13) Paragraph (14) applies where a prisoner possesses or uses an authorised personal communication device in breach of—

• (a) the terms of any authorisation made under section 41ZB(8) of the Act;

• (b) the provisions of this rule; or

• (c) the provisions of any direction made under paragraph (11) of this rule.

• (14) Where this paragraph applies—

• (a) the prisoner may be charged with a breach of discipline under Part 11; and

• (b) the Governor may report the matter to the police where the Governor considers that an offence may have been committed under sections 41 or 41ZA of the Act.

Virtual visits

78A

• (1) The entitlement of a prisoner to receive virtual visits under this rule is subject to—

• (a) the provisions of this rule; and

• (b) the provisions of any direction made under paragraph (10).

• (2) A prisoner is entitled to receive virtual visits where—

• (a) the Scottish Ministers have authorised the use of virtual visits in the prison in a direction made under paragraph (10); and

• (b) facilities for virtual visits have been provided in the prison.

• (3) The Governor may impose restrictions as to—

• (a) the times of day during which a prisoner may receive a virtual visit; and

• (b) the frequency of virtual visits that a prisoner may receive in any specified period.

• (4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—

• (a) different classes of prisoners; and

• (b) different parts of the prison.

• (5) The Governor may restrict or remove a prisoner’s entitlement to receive virtual visits in accordance with any direction made under paragraph (10).

• (6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).

• (7) The Governor must inform a prisoner in writing, of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to receive virtual visits.

• (8) Where a prisoner receives a virtual visit in terms of this rule, the virtual visit must take place—

• (a) within the sight of an officer; and

• (b) within the hearing of an officer unless the Governor has otherwise authorised.

• (9) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, the Governor may—

• (a) prohibit a prisoner from receiving a virtual visit from any specified person; or

• (b) terminate a virtual visit which is taking place.

• (10) The Scottish Ministers may specify in a direction—

• (a) the prisons in which a prisoner may receive a virtual visit;

• (b) the conditions applicable to the use of the facilities provided for receiving a virtual visit;

• (c) the circumstances in which, and the grounds on which, a prisoner’s entitlement to receive virtual visits can be restricted or removed by the Governor; and

• (d) the circumstances in which, and the means by which, virtual visits received by a prisoner are to be logged, monitored and recorded.

• (11) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of virtual visits.

• (12) For the purposes of this rule, “virtual visit” means a visit which takes place—

• (a) via a video-link;

• (b) between a prisoner and either a relative or friend of the prisoner; and

• (c) in such part of the prison as the Governor deems suitable.

• (13) For the purposes of rules 63 to 78, “visit” does not include a virtual visit.

Arrangements for securing release of prisoners committed to prison in default of payments

27A

has in his or her possession, or uses, an authorised personal communication device which was not provided to the prisoner by the Governor for use by that prisoner;

27B

has in his or her possession an authorised personal communication device in breach of the restrictions imposed by the Governor under rule 62A(3)(a);

27C

breaches the requirements of rule 62A(9) without reasonable excuse;

27D

fails without reasonable excuse to return an authorised personal communication device to an officer as ordered in accordance with rule 62A(10);

27E

uses an authorised personal communication device in breach of the requirements of any direction made by the Scottish Ministers under rule 62A(11);

Prisoners’ food and drink: preparation of meals by prisoner for own consumption

35B

• (1) The Scottish Ministers may specify in a direction the prisons, categories of prisons or parts of prisons to which this rule applies in place of rule 35.

• (2) Where this rule applies to a prison or part of a prison by virtue of a direction under paragraph (1), the Governor must—

• (a) ensure that every prisoner has access to the facilities reasonably required to—

• (i) safely prepare and consume food and drink for their own consumption, and

• (ii) safely store the food and drink to be used for their own consumption,

• (b) ensure that the facilities referred to in paragraph (2)(a) are inspected on a regular basis, and

• (c) ensure that food and drink purchased by prisoners is monitored to check that every prisoner makes purchases that will allow them to consume wholesome and nutritious food and drink on a daily basis.

• (3) The Governor may arrange for an allowance to be paid to a prisoner for the sole purpose of making purchases of food and drink to enable that prisoner to prepare wholesome and nutritious food for their own consumption on a daily basis.

• (4) If, as a result of monitoring under paragraph (2)(c), it is concluded that a prisoner is not making purchases that will allow them to consume wholesome and nutritious food and drink on a daily basis, an officer will provide the prisoner with information on consuming a healthy diet.

• (5) Where an officer has provided a prisoner with information on consuming a healthy diet under paragraph (4), but as a result of further monitoring under paragraph (2)(c) it is concluded that the prisoner continues not to make purchases that will allow them to consume wholesome and nutritious food and drink on a daily basis, an officer may—

• (a) prevent the prisoner purchasing any food and drink, and

• (b) provide the food and drink needed for the prisoner to prepare wholesome and nutritious food and drink for their own consumption.

• (6) The Governor must ensure that every prisoner has access to and can safely prepare and store food and drink which take into account, so far as practicable, the prisoner’s age, health and religious, cultural, dietary or other requirements.

• (7) The Governor must ensure that a prisoner who is pregnant is able to purchase, prepare and consume food and drink which take into account any dietary requirements during pregnancy.

• (8) If it is impractical for the Governor to comply with paragraphs (2), (3), (6) or (7) due to circumstances pertaining in the prison, or a temporary lack of available facilities, then—

• (a) subject to sub-paragraph (b) the Governor must seek to comply with paragraphs (2), (3), (6) and (7) so far as reasonably practicable, and

• (b) where the circumstances or temporary lack of available facilities persist for more than 48 hours, the Scottish Ministers may by direction provide that paragraphs (2), (3), (6) and (7) apply in relation to prisoners (or categories of prisoners) in that prison subject to such restrictions as the Scottish Ministers consider appropriate but only for a period not exceeding one month.

Prisoners’ food and drink – coronavirus

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.

Elimination of discrimination, harassment and victimisation

Availability of Rules, directions etc.