Regulation 9 Principles of the scheme in relation to building work solely required for disabled persons
A local authority are not authorised to fix by means of a scheme and recover a charge–
where they are satisfied that the whole of the building work in question consists of an alteration; and
where the building work is–
solely for the purpose of providing means of access to enable disabled persons to get into or out of an existing building and to or from any part of it, or of providing facilities designed to secure the greater health, safety, welfare or convenience of such persons; and
is to be carried out in relation to–
an existing building to which members of the public are admitted (whether on payment or otherwise); or
an existing dwelling which is, or is to be, occupied by a disabled person.
A local authority are not authorised to fix by means of a scheme and recover a charge which consists solely of a charge in respect of building work for the provision or extension of a room in a dwelling where they are satisfied that the sole use of the room is or will be–
for the carrying out of medical treatment of a disabled person which cannot reasonably be carried out in any other room in the dwelling; or
for the storage of medical equipment for the use of a disabled person; or
to provide necessary accommodation or a necessary facility by adapting or replacing accommodation or a facility which already existed within the building which was incapable of being used, or used without assistance, by the disabled person.
In this regulation, “disabled person” means a person who is within any of the descriptions of persons to whom section 29(1) of the National Assistance Act 1948f1 applied, as that section was extended by virtue of section 8(2) of the Mental Health Act 1959f2, but not taking into account amendments made to section 29(1) by paragraph 11 of Schedule 13 to the Children Act 1989f3.
Annotations
Footnotes
- f1
- f2
- f3