Article 14 Substitution of rule 75 of the principal Rules

For rule 75 of the principal Rules (exercise and time in the open air) there is substituted the following rule:—

“Exercise and time in the open air

75

(1)

Subject to the following provisions of this rule, every prisoner shall be given the opportunity—

(a)

to take exercise for not less than one hour every day; and

(b)

to spend time in the open air at least once every day.

(2)

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 except where—

(a)

an order has been made under rule 80 removing him from association with other prisoners either generally or during any period the prisoner 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 prisoners, or any particular group or category of prisoners, the opportunity to take exercise or spend time in the open air due to exceptional circumstances pertaining in that prison, or in any other prison, he may order in writing that such prisoners or group or category of prisoners shall not be given the opportunity to do either or both of the activities mentioned in paragraph (1) 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 prisoners 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.”.