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Article 8 Rating of prisons

In Schedule 5 to the principal Order (definition of “dwelling house”)—

(a)

after paragraph 4 there shall be inserted—

“

4A
(1)

Subject to sub-paragraph (2), a hereditament or part of a hereditament shall be deemed to be used wholly for the purposes of a private dwelling if—

(a)

it constitutes, or forms part of, a prison; and

(b)

it is used as one or more of the following—

(i)

a cell (other than a special punishment cell);

(ii)

a common recreational area (other than a sports hall or an uncovered area);

(iii)

a library;

(iv)

a chapel;

(v)

a kitchen;

(vi)

a dining room;

(vii)

toilets;

(viii)

personal washing facilities;

(ix)

a laundry for the exclusive use of prisoners;

(x)

a storage area which is within a cell block and which is used in connection with other premises covered by this head;

(xi)

a corridor linking premises covered by this head; and

(xii)

a boiler or plant room which to any extent serves other premises covered by this head.

(2)

Without prejudice to sub-paragraph (1), so much of the prison in question which is used as a kitchen, dining-room, toilets or personal washing facilities provided for the exclusive use of persons employed in that prison shall not be deemed to be used wholly for the purposes of a private dwelling.”;

(b)

in paragraph 5 at the end there shall be added—

“(d)

“prison” includes a young offenders centre provided under section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 and a remand centre provided under paragraph (b) of that section but does not include a naval, military or air force prison.”.