Statutory Instruments
2018 No. 549
Prisons, England And Wales
Young Offender Institutions, England And Wales
The Prison and Young Offender Institution (Amendment) Rules 2018
Made
27th April 2018
Laid before Parliament
1st May 2018
Coming into force
22nd May 2018
The Secretary of State, in exercise of the powers conferred by sections 40A(6) and 47(1) of the Prison Act 1952( 1 ), makes the following Rules.
Citation and commencement
1. These Rules may be cited as the Prison and Young Offender Institution (Amendment) Rules 2018 and come into force on 22nd May 2018.
Amendment of the Prison Rules 1999
2. —(1) The Prison Rules 1999( 2 ) are amended as follows.
(2) In rule 2(1) (interpretation), after the definition of “convicted prisoner”, insert—
“ “electronic cigarette” means a product that can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank, and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill cartridge and a tank, or rechargeable with single use cartridges).” ” .
(3) In rule 8 (privileges)—
(a) in paragraph (1), omit “approved by the Secretary of State and”, and
(b) in paragraphs (2) and (3), for “approved” substitute “established”.
(4) For rule 25(2) (alcohol and tobacco), substitute the following—
“ (2) No prisoner shall be allowed to smoke or to have any tobacco, except in accordance with any directions of the Secretary of State. ” .
(6) In rule 70A (List C Articles), after paragraph (j) insert—
“ (k) electronic cigarettes;
(l) matches;
(m) lighters. ” .
Amendment of the Young Offender Institution Rules 2000
3. —(1) The Young Offender Institution Rules 2000( 3 ) are amended as follows.
(2) In rule 2(1) (interpretation), after the definition of “controlled drug”, insert—
“ “electronic cigarette” means a product that can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges). ” .
(3) In rule 6 (privileges)—
(a) in paragraph (1), omit “approved by the Secretary of State and”, and
(b) in paragraphs (2) and (3), for “approved” substitute “established”.
(4) In rule 74A (List C Articles), after paragraph (j) insert—
“ (k) electronic cigarettes;
(l) matches;
(m) lighters. ” .
David Gauke
Secretary of State for Justice
Department
27th April 2018
1952 c. 52 . Section 40A(6) was inserted by section 22(1) of the Offender Management Act 2007 (c. 21) . Section 47(1) was amended by section 6(2) of the Criminal Justice and Public Order Act 1994 (c. 33) and paragraph 3(2) of Schedule 9 to the Criminal Justice and Courts Act 2015 (c. 2) .
S.I. 1999/728 , amended by S.I. 2008/597 ; there are other amending instruments but none is relevant.
S.I. 2000/3371 , amended by S.I.2008/599 ; there are other amending instruments but none is relevant.