Chronically Sick and Disabled Persons Act 1970 in Northern Ireland
1970 c. 44 · Enacted 9 May 1970 · Extends to United Kingdom
Contents
- 3Duties of housing authorities.
- 4Access to, and facilities at, premises open to the public.
- 5Provision of public sanitary conveniences.
- 7Signs at buildings, etc.
- 8AAccess to and facilities at, offices and other premises.
- Advisory committees, etc.
- 9Central advisory committee on war pensions.
- 14Miscellaneous advisory committees.
- 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Miscellaneous provisions
- 21ARecognition of badges issued outside Great Britain
- 21BRecognised badges treated as badges under section 21 for certain purposes
- 21CSections 21A and 21B: regulations and interpretation
- 23War pensions appeals.
3Duties of housing authorities.F1
A local housing authority in discharging their duty under section 8 of the Housing Act 1985 to consider housing conditions in their district and the needs of their district and respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick or disabled persons.
A local authority for the purposes of Part VII of the Housing (Scotand) Act 1966 in discharging their duty under section 137 of that Act to consider housing conditions in their district and the needs of their district with respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick or disabled persons; and any proposals prepared and submitted to the Secretary of State by the authority under that section for the provision of new houses shall distinguish any houses which the authority propose to provide which make special provision for the needs of such persons.
4Access to, and facilities at, premises open to the public.
Any person undertaking the provision of any building or premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the building or premises, and in the parking facilities and sanitary conveniences to be available (if any), make F1provision, in so far as it is in the circumstances both practicable and reasonableappropriate provision, for the needs of members of the public visiting the building or premises who are disabled F2unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made; and different bodies and different procedures may be prescribed for different classes of buidings or other premises to which this subsection appliesF3unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made.
In subsection (1) above “appropriate provision”, in relation to any case, means provision conforming with so much of the Code of Practice for Access for the Disabled to Buildings as is relevant to that case and “prescribed” means prescribed by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and in the foregoing provisions of this subsection “the Code of Practice for Access for the Disabled to Buildings” means the British Standards Institution code of practice referred to as BS 5810: 1979.
This section shall not apply to any building or premises intended for purposes mentioned in subsection (2) of section 8 F5or in subsection (2) of section 8A of this Act.
5Provision of public sanitary conveniences.
Where any local authority undertake the provision of a public sanitary convenience, it shall be the duty of the authority, in doing so, to make F1provision, in so far as it is in the circumstances both practicable and reasonableappropriate provision, for the needs of disabled persons F2unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made; and different bodies and different procedures may be prescribed for different classes of buildings or other premises to which this subsection appliesF3unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made.
Subsection (1A) of section 4 of this Act shall apply in relation to the interpretation of the last foregoing subsection of this section as the said subsection (1A) applies in relation to the interpretation of subsection (1) of that section.
Any local authority which in any public sanitary convenience provided by them make or have made provision for the needs of disabled persons shall take such steps as may be reasonable, by sign-posts or similar notices, to indicate the whereabouts of the convenience.
In this section “local authority” means a local authority within the meaning of the M1Local Government Act 1933 or the Local Government (Scotland) Act F5M21973 and any joint board or joint committee of which all the constituent authorities are local authorities within the meaning of either of those Acts.
7Signs at buildings, etc.F1
Where any provision required by or under section 4, 5, 6, 8 or 8A of this Act is made at a building or premises—
a notice or sign indicating that provision is made for the disabled shall be displayed outside the building or premises or so as to be visible from outside the building to premises; and
notices or signs shall be displayed in the building or on the premises indicating the places where such provision is made and appropriate routes for persons who are disabled to get to those places.
Subsection 1(a) above applies to a sanitary convenience provided elsewhere than in a building, and not itself being a building, as it applies to a building.
Where parking facilities for persons who are disabled are provided under section 4 of this Act, notices or signs shall be displayed indicating an appropriate route for such persons to get from the place where the parking facilities are provided to the building or premises in connection with which they are provided.
8AAccess to and facilities at, offices and other premises.F1
Any person undertaking the provision of premises mentioned in subsection (2) below shall be in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make F2provision, in so far as it is in the circumstances both practicable and reasonableappropriate provision, for the needs of persons using the premises who are disabled F3unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made; and different bodies and different procedures may be prescribed for different classes of buildings or other premises to which this subsection appliesF4unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made.
Subsection (1A) of section 4 of this Act shall apply in relation to the interpretation of the last foregoing subsection of this section as the said subsection (1A) applies in relation to the interpretation of subsection (1) of that section.
Premises to which this section applies are—
office premises, shop premises and railway premises to which the Offices, Shops and Railway Premises Act 1963 applies;
premises which are deemed to be such premises for the purposes of that Act, and
factories as defined by section 175 of the Factories Act 1961, being (in each case) premises in which persons are employed to work.
9Central advisory committee on war pensions.
The Secretary of State shall ensure that the central advisory committee constituted under section 3 of the M1War Pensions Act 1921 includes the F1chairman of at least one of the committees established F2by regulations under section 25 of the Social Security Act 1989 and includes at least one war disabled pensioner, and shall cause that central advisory committee to be convened at least once in every year.
This section extends to Northern Ireland.
14Miscellaneous advisory committees.
In the appointment of persons to be members of any of the following advisory committees or councils, that is to say, the Transport users’ Consultative Committees F1orF2the F3London Transport Users’ Committee, F4. . ., the . . . F5. . . F6and the Domestic Coal Consumers’ Council, regard shall be had to the desirability of the committee or council in question including one or more persons with experience of work among, and the special needs of, disabled persons and to the person or persons with that experience being or including a disabled person or persons.
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19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1
21ARecognition of badges issued outside Great BritainF1
For the purposes of this section and section 21B, a “recognised badge” means—
a badge issued under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, or any provision replacing that section, as from time to time amended, or
a badge issued under provisions of the law of any jurisdiction outside the United Kingdom that are specified in regulations made by the appropriate national authority.
In exercising the power under subsection (1)(b), the appropriate national authority may specify a provision only if it appears to the authority that badges issued under the provision are issued by reference to persons who are, or include, disabled persons.
A recognised badge may be displayed on a motor vehicle only in such circumstances and in such manner as may be prescribed by regulations made by the appropriate national authority.
A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge purporting to be a recognised badge is displayed on the vehicle is guilty of an offence unless the badge is a recognised badge and is displayed in accordance with regulations made under subsection (3).
A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be a recognised badge, he may require any person who—
is in the vehicle, or
appears to have been in, or to be about to get into, the vehicle,
to produce the badge for inspection.
The power conferred on an enforcement officer by subsection (6) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.
A person who without reasonable excuse fails to produce a badge when required to do so under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this section “enforcement officer” has the meaning given by section 21(4BB).
21BRecognised badges treated as badges under section 21 for certain purposesF1
The concessions mentioned in subsection (2) shall apply in respect of vehicles lawfully displaying a recognised badge as they apply in respect of vehicles lawfully displaying a badge issued under section 21.
The concessions are—
any exemption from an order under the Road Traffic Regulation Act 1984 given by reference to vehicles lawfully displaying a badge issued under section 21;
any provision made in an order under that Act for the use of a parking place by such vehicles.
The appropriate national authority may by regulations provide that recognised badges are to be treated, for purposes specified in the regulations, as if they were badges issued under section 21.
21CSections 21A and 21B: regulations and interpretationF1
Any power to make regulations under section 21A or 21B—
is exercisable by statutory instrument, and
includes power—
to make different provision for different cases, and
to make incidental, supplementary, transitional or consequential provision.
A statutory instrument containing regulations made under section 21A or 21B by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
In sections 21A and 21B, “appropriate national authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the National Assembly for Wales.
23War pensions appeals.
The M1Pensions Appeal Tribunals Act 1943 shall have effect with the amendments specified in the subsequent provisions of this section.
In section 5—
so much of subsection (1) as prevents the making of an appeal from an interim assessment of the degree of a disablement before the expiration of two years from the first notification of the making of an interim assessment (that is to say, the words from “if” to “subsection” where first occurring, and the words “in force at the expiration of the said period of two years”) is hereby repealed except in relation to a claim in the case of which the said first notification was given before the commencement of this Act;
in second paragraph of subsection (1) (which defines “interim assesment”for the purposes of that subsection), for the words “this subsection” there shall be substituted the words “this section”;
in subsection (2) (which provides for an appeal to a tribunal from a Ministerial decision or assessment purporting to be a final settlement of a claim) at the end there shall be added the words “and if the Tribunal so set aside the Minister’s decision or assessment they may, if they think fit, make such interim assessment of the degree or nature of the disablement, to be in force until such a date not later than two years after the making of a Tribunal’s assessment, as they think proper”;
subsection (3) (which makes provision as to the coming into operation of section 5) is hereby repealed.
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In consequence of the M2Secretary of State for Social Services Order 1968, in section 12(1), for the definition of “the Minister” there shall be substituted the following:—
““the Minister”means the Secretary of State for Social Services”.
This section extends to Northern Ireland.