Chronically Sick and Disabled Persons Act 1970

Welfare and housing

Information as to need for and existence of welfare services

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• (1) It shall be the duty of every local authority having functions under section 29 of the National Assistance Act 1948 to inform themselves of the number of persons to whom that section applies within their area and of the need for the making by the authority of arrangements under that section for such persons.

• (2) Every such local authority—

• (a) shall cause to be published from time to time at such times and in such manner as they consider appropriate general information as to the services provided under arrangements made by the authority under the said section 29 which are for the time being available in their area; and

• (b) shall ensure that any such person as aforesaid who uses any of those services is informed of any other service provided by the authority (whether under any such arrangements or not) which in the opinion of the authority is relevant to his needs and of any service provided by any other authority or organisation which in the opinion of the authority is so relevant and of which particulars are in the authority’s possession.

• (3) This section shall come into operation on such date as the Secretary of State may by order made by statutory instrument appoint.

• (4) Subsection (5) applies to local authorities in England.

• (5) A local authority must ensure that any disabled child who uses services which are provided under arrangements made by the authority under Part 3 of the Children Act 1989 is informed—

• (a) of any other service provided by the authority (whether or not under those arrangements) which in the authority’s opinion is relevant to the child’s needs, and

• (b) of any service provided by another authority or organisation which in the authority’s opinion is relevant to the child’s needs and which the authority have details of.

Provision of welfare services

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• (1) Where a local authority having functions under section 29 of the National Assistance Act 1948 are satisfied in the case of any person to whom that section applies who is ordinarily resident in their area that it is necessary in order to meet the needs of that person for that authority to make arrangements for all or any of the following matters, namely—

• (a) the provision of practical assistance for that person in his home;

• (b) the provision for that person of, or assistance to that person in obtaining, wireless, television, library or similar recreational facilities;

• (c) the provision for that person of lectures, games, outings or other recreational facilities outside his home or assistance to that person in taking advantage of educational facilities available to him;

• (d) the provision for that person of facilities for, or assistance in, travelling to and from his home for the purpose of participating in any services provided under arrangements made by the authority under the said section 29 or, with the approval of the authority, in any services provided otherwise than as aforesaid which are similar to services which could be provided under such arrangements;

• (e) the provision of assistance for that person in arranging for the carrying out of any works of adaptation in his home or the provision of any additional facilities designed to secure his greater safety, comfort or convenience;

• (f) facilitating the taking of holidays by that person, whether at holiday homes or otherwise and whether provided under arrangements made by the authority or otherwise;

• (g) the provision of meals for that person whether in his home or elsewhere;

• (h) the provision for that person of, or assistance to that person in obtaining, a telephone and any special equipment necessary to enable him to use a telephone,

then, . . . subject to the provisions of section 35(2) of that Act (which requires local authorities to exercise their functions under Part III of that Act . . . in accordance with the provisions of any regulations made for the purpose) andto the provisions of section 7(1) of the Local Authority Social Services Act 1970 (which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State) and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State) it shall be the duty of that authority to make those arrangements in exercise of their functions under the said section 29.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subsections (4) to (6) apply to local authorities in England.

• (4) Where a local authority have functions under Part 3 of the Children Act 1989 in relation to a disabled child and the child is ordinarily resident in their area, they must, in exercise of those functions, make any arrangements within subsection (6) that they are satisfied it is necessary for them to make in order to meet the needs of the child.

• (5) Subsection (4) is subject to sections 7(1) and 7A of the Local Authority Social Services Act 1970 (exercise of social services functions subject to guidance or directions of the Secretary of State).

• (6) The arrangements mentioned in subsection (4) are arrangements for any of the following—

• (a) the provision of practical assistance for the child in the child’s home;

• (b) the provision of wireless, television, library or similar recreational facilities for the child, or assistance to the child in obtaining them;

• (c) the provision for the child of lectures, games, outings or other recreational facilities outside the home or assistance to the child in taking advantage of available educational facilities;

• (d) the provision for the child of facilities for, or assistance in, travelling to and from home for the purpose of participating in any services provided under arrangements made by the authority under Part 3 of the Children Act 1989 or, with the approval of the authority, in any services, provided otherwise than under arrangements under that Part, which are similar to services which could be provided under such arrangements;

• (e) the provision of assistance for the child in arranging for the carrying out of any works of adaptation in the child’s home or the provision of any additional facilities designed to secure greater safety, comfort or convenience for the child;

• (f) facilitating the taking of holidays by the child, whether at holiday homes or otherwise and whether provided under arrangements made by the authority or otherwise;

• (g) the provision of meals for the child whether at home or elsewhere;

• (h) the provision of a telephone for the child, or of special equipment necessary for the child to use one, or assistance to the child in obtaining any of those things.

• (7) Any question arising under this section as to a person’s ordinary residence in an area in England or Wales is to be determined by the Secretary of State or by the Welsh Ministers.

• (8) The Secretary of State and the Welsh Ministers must make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the Welsh Ministers.

• (9) Those arrangements may include provision for the Secretary of State and the Welsh Ministers to agree, in relation to any question that has arisen, which of them is to deal with the case.

Duties of housing authorities

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• (1) 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.

• (2) 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.

Premises open to public

Access to, and facilities at, premises open to the public

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• (1) 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 provision, 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 unless 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 appliesunless 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.

• (1A) 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.

• (2) This section shall not apply to any building or premises intended for purposes mentioned in subsection (2) of section 8 or in subsection (2) of section 8A of this Act.

Provision of public sanitary conveniences

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• (1) 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 provision, in so far as it is in the circumstances both practicable and reasonableappropriate provision, for the needs of disabled persons unless 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 appliesunless 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.

• (1A) 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.

• (2) 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.

• (3) In this section “local authority” means a local authority within the meaning of the Local Government Act 1933 or the Local Government (Scotland) Act 1973 and any joint board or joint committee of which all the constituent authorities are local authorities within the meaning of either of those Acts.

Provision of sanitary conveniences at certain premises open to the public

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• (1) Any person upon whom a notice is served with respect to any premises under section 89 of the Public Health Act 1936section 20 of the Local Government (Miscellaneous Provisions) Act 1976 (which empowers local authorities by notice to make requirements as to the provision and maintenance of sanitary conveniences for the use of persons frequenting certain premises . . . ) shall in complying with that notice make provision, in so far as it is in the circumstances both practicable and reasonable, for the needs of persons frequenting those premises who are disabled.

• (2) The owner of a building, who has been ordered under section 11(4) of the Building (Scotland) Act 1959 to make the building conform toon whom a building regulations compliance notice has been served under section 25(3) of the Building (Scotland) Act 2003 (asp 8) requiring the owner to secure that the building complies with a provision of building standards regulations made under section 3section 1 of that Act requiring the provision of suitable and sufficient sanitary conveniences therein, shall in complying with that ordernotice make provision, in so far as it is in the circumstances both practicable and reasonable, for the needs of persons frequenting that building who are disabled

Signs at buildings complying with ss. 4-6

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• (1) 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) 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

• (b) 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.

• (2) 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.

• (3) 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.

University and school buildings

Access to, and facilities at, university and school buildings

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• (1) Any person undertaking the provision of a building intended for purposes mentioned in subsection (2) below shall, in the means of access both to and within the building, and in the parking facilities and sanitary conveniences to be available (if any), make provision, in so far as it is in the circumstances both practicable and reasonable, for the needs of persons using the building who are disabled.

• (2) The purposes referred to in subsection (1) above are the purposes of any of the following:—

• (a) universities, university colleges and colleges, schools and halls of universities;

(aa) institutions within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992

• (b) schools and institutions which provide higher education or further education (or both) and are maintained or assisted by local authorities;

(ba) institutions within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992

• (c) educational establishments within the meaning of section 135(1) of the Education (Scotland) Act 1980.

and expressions used in paragraph (b) above and in the Education Act 1996 have the same meanings as in that Act.

Advisory committees, etc.

Central advisory committee on war pensions

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• (1) The Secretary of State shall ensure that the central advisory committee constituted under section 3 of the War Pensions Act 1921 includes the chairman of at least one of the committees established by 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.

• (2) This section extends to Northern Ireland.

Housing Advisory Committees

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In the appointment of persons to be members of the . . . Scottish Housing Advisory Committee set up under section 167 of the Housing (Scotland) Act 1966, regard shall be had to the desirability of that Committee’s including one or more persons with knowledge of the problems involved in housing the chronically sick and disabled and to the person or persons with that knowledge being or including a chronically sick or disabled person or persons.

National Insurance Advisory Committee

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Industrial Injuries Advisory Council

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The Industrial Injuries Advisory Council shall include at least one person with experience of work among and of the needs of the chronically sick and disabled and in selecting any such person regard shall be had to the desirability of having a chronically sick or disabled person.

Youth employment service

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the appointment of persons in pursuance of section 5(2)(a) of the Employment and Training Act 1973 to advise the Secretary of State with respect to the performance of the functions conferred on him by virtue of section 10(6) of that Act regard shall be had to the desirability of . . . including one or more persons with experience of work among, and the special needs of, young disabled persons and to the person or persons with that experience being or including a disabled person or persons.

Miscellaneous advisory committees

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