The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998

Amendment of rule 75 of the principal Rules

31.—(1) Rule 75 of the principal Rules (exercise and time in the open air) is amended in accordance with the following paragraphs of this rule.

(2) For paragraph (1) there is substituted the following paragraph:–

“(1) Subject to the following provisions of this rule–

(a) every prisoner shall be given the opportunity–

(i) to take exercise for not less than one hour every day except where a medical officer has not passed him as fit on admission; and

(ii) to spend time in the open air at least once every day; and

(b) every young offender shall be given the opportunity–

(i) on a regular basis to participate in physical recreation, activities and pursuits which are consistent with maintaining good health and physical wellbeing; and

(ii) to spend time in the open air at least once every day.”.

(3) In paragraph (2)–

(a) for the words “A prisoner shall be entitled to take exercise and spend time in the open air in terms of paragraph (1) in association with other prisoners” there are substituted the words “A prisoner or young offender shall be allowed to participate in any activity mentioned in paragraph (1)(a)(i) and (b)(i) and spend time in the open air in association with other prisoners or, as the case may be, young offenders”; and

(b) for sub-paragraph (a) there is substituted the following sub-paragraph:–

“(a) an order has been made under rule 80 removing him from association with other prisoners or, as the case may be, young offenders either generally or during any period he is participating in any activity mentioned in paragraph (1)(a)(i) or (b)(i) or spending time in the open air.”.

(4) In paragraph (3)–

(a) after the word “prisoners” in each place where it occurs there are inserted the words “or young offenders”;

(b) for the words “take exercise” there are substituted the words “participate in any activity mentioned in paragraph (1)(a)(i) or (b)(i)”;

(c) after the word “prison” in each place where it occurs there are inserted the words “or young offenders institution”; and

(d) for the words “the opportunity to do either or both of the activities mentioned in paragraph (1)” there are substituted the words “either or both of the opportunities mentioned in sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (1)”.

(5) In paragraph (5)(c), after the word “prisoners”, there are inserted the words “or, as the case may be, young offenders”.