The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996

Amendment of Schedule 1 to the principal Rules

52.—(1) Schedule 1 to the principal Rules (modification of the Rules in their application to young offenders institutions and young offenders) is amended in accordance with the following paragraphs of this rule.

(2) For paragraph 3 there is substituted the following paragraph:—

“Substitution of rule 75

3.   For rule 75 there is substituted the following rule:—

“Exercise

75.— (1) Subject to the following provisions of this rule, every young offender shall regularly be given such physical recreation, training and exercise as are required to promote health and physical well being.

(2) A young offender shall be entitled to be given physical recreation, training and exercise in terms of paragraph (1) in association with other young offenders except where—

(a) an order has been made under rule 80 removing him from association with other young offenders either generally or during any period the young offender is engaged in or taking part in such activities;

(b) he has been removed from association in terms of rule 95(2); or

(c) he is subject to cellular confinement imposed under rule 100(1)(d).

(3) Where at any time it appears to the Governor that it is not practicable to give young offenders or any particular group or category of young offenders the opportunity to take physical recreation, training and exercise due to exceptional circumstances pertaining in that young offenders institution, or in any other young offenders institutions or in any prison, he may order in writing that such young offenders or group or category of young offenders shall not be given the opportunity to undertake all or any of the said activities until such time as he considers that it is so practicable.

(4) If the Governor makes an order under paragraph (3), he shall—

(a) specify in the order the reasons why he is making it;

(b) record in the order the date and time it is made;

(c) take such steps as are practicable to notify young offenders subject to the order of the effect of the order; and

(d) provide a copy of the order to the Secretary of State.

(5) An order made under paragraph (1) shall cease to have effect 48 hours after the time at which it was made unless the Secretary of State specifies in a direction made before the expiry of that period that the order shall continue to have effect until revoked by a further order made by the Governor or by a further direction made for that purpose by the Secretary of State.”.”.

(3) After paragraph 6 there is inserted the following paragraph:—

“Disapplication of rule 140A

6A.   Rule 140A shall not apply.”.

(4) After paragraph 7 there is inserted the following paragraph:—

“Disapplication of Schedule 4A

8.   Schedule 4A shall not apply.”.