The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Rule 2(2)

SCHEDULE 1 MODIFICATION OF THE RULES IN THEIR APPLICATION TO YOUNG OFFENDERS INSTITUTIONS AND YOUNG OFFENDERS

Modification of rule 32

1.  For rule 32(2) there shall be substituted the following paragraph:–

“(2) Where a young offender is moved from any institution to any other institution, or to a prison in terms of section 20A or 21 of the Act(1), the medical officer of the institution from which he is moved shall send his medical record to the medical officer of the institution or, as the case may be, the prison to which he is moved. ”.

Modification of rule 57

2.—(1) For rule 57(1)(b) there shall be substituted the following sub-paragraph:–

“(b) is moved from a young offenders institution (or, if he is detained in a prison by virtue of section 20A or 21 of the Act, a prison) to any other institution or to any prison, whether or not for the purpose of enabling him to use any accumulated unused allowance of visits; ”.

(2) In rule 57(1), (2) and (3), the word “prison” shall apply as if it read “young offenders institution or prison”.

Substitution of rule 75

3.  For rule 75 there shall be substituted the following rule:–

“Exercise

75.— (1) Every young offender shall regularly be given such physical recreation, training and exercise as are required to promote health and physical well being.

(2) Every 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 when the Governor otherwise orders in accordance with rule 80.

(3) Where the Secretary of State considers that it is not practicable to give young offenders physical recreation, training and exercise in terms of paragraph (1) due to exceptional circumstances pertaining in a young offenders institution, he may by direction provide that paragraph (1) shall not apply in relation to young offenders in that institution until such time as he considers that it is so practicable. ”.

Modification of rule 80

4.  In rule 80(3)(d), for the words “taking exercise and spending time in the open air” there shall be substituted “physical recreation, training and exercise given”.

Substitution of rule 133

5.  For rule 133 there shall be substituted the following rule:–

“Minimum number of women members of visiting committees

133.   Of the total membership of the visiting committee for each young offenders institution appointed by the Secretary of State under section 19(3) of the Act(2), not fewer than one third, with a minimum of 2, shall be women. ”.

Modification of rule 134

6.—(1) Rule 134(2) shall not apply.

(2) In rule 134(5) the words “required to be” shall be omitted.

Disapplication of Schedule 4

7.  Schedule 4 shall not apply.

(1)

Section 20A was inserted by the 1993 Act, section 23; section 21 was amended by the 1993 Act, Schedule 5, paragraph 6(5).

(2)

Section 19(3) was amended by the 1993 Act, Schedule 5, paragraph 6(4).