Disabled Persons (Independent Living) Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Disabled Persons (Independent Living) Bill [HL]

Disabled Persons (Independent Living) Bill [HL]
Part 4 — Housing and planning
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insert—
“(1A)
The appropriate person shall, in particular, impose requirements with
respect to assessing and monitoring the current and future housing
needs of disabled persons.”.
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Amendment of the Building Act 1984
5
After section 1A of the Building Act 1984 (c. 55) insert—
“1B
Design of new buildings
(1)
In making building regulations the Secretary of State shall have due
regard to the desirability of ensuring that all new dwellings of
whatever type or tenure meet minimum standards in relation to—
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(a)
the provision of a reasonable means of access into and around
the dwelling and ease of use, without modification, by the
widest possible range of individuals (including disabled
persons);
(b)
future ease of adaptation to provide full access into and around
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the dwelling and ease of use for wheelchair users; and
(c)
the capacity of the dwelling to meet the changing needs of any
occupiers over their lifetime.
(2)
For the purposes of this section “disabled persons” has the same
meaning as in the Disabled Persons (Independent Living) Act 2008.”
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Review of the Building Regulations 2000
(1)
The Secretary of State shall carry out a review of the effectiveness of the current
arrangements for building inspection under sections 47 to 53 of the Building
Act 1984 with a view to improving levels of compliance with the Building
Regulations 2000 (S.I. 2000/2531).
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(2)
A review carried out under subsection (1) shall, in particular, consider what
steps are necessary to improve compliance with Part M of Schedule 1 to the
Building Regulations 2000 (access to and use of buildings).
(3)
The review shall be completed within nine months.
(4)
Unless he has already begun or completed a review under subsection (1), the
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Secretary of State shall begin to conduct a review immediately after the first
anniversary of this Act.
(5)
In conducting a review under subsection (1) the Secretary of State shall consult
such persons as he considers appropriate.
(6)
Following a review under subsection (1) the Secretary of State shall, not later
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than one year after the commencement of the review, lay before Parliament a
report summarising the results of the review and setting out what action he
proposes to take.
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Amendment of the Planning and Compulsory Purchase Act 2004
After subsection (2) of section 39 of the Planning and Compulsory Purchase
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Disabled Persons (Independent Living) Bill [HL]
Part 5 — General
30

Act 2004 (c. 5) insert—
“(2A)
For the avoidance of doubt “the achievement of sustainable
development” mentioned in subsection (2) includes implementing
policies which ensure that—
(a)
all new dwellings of whatever type or tenure meet minimum
5
standards in relation to—
(i)
the provision of a reasonable means of access into and
around the dwelling and ease of use, without
modification, by the widest range of individuals
(including disabled persons);
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(ii)
future ease of adaptation to provide full access into and
around the dwelling and ease of use for wheelchair
users; and
(iii)
the capacity of the dwelling to meet the changing needs
of any occupiers over their lifetime; and
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(b)
an appropriate proportion of all new dwellings of whatever
type and tenure are fully accessible to disabled persons who are
wheelchair users or otherwise have severe mobility
impairments.
(2B)
For the purposes of this section “disabled persons” has the same
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meaning as in the Disabled Persons (Independent Living) Act 2008.”
Part 5
General
36
Regulations and orders
(1)
Any power to make regulations or orders under this Act—
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(a)
is exercisable by statutory instrument;
(b)
includes power to make supplementary, incidental, consequential,
transitional or saving provision;
(c)
includes power to make different provision for different cases.
(2)
Any statutory instrument containing regulations made by the Secretary of
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State under the definition of “disabled person” contained in section 3 of this
Act may not be made unless a draft has been laid before, and approved by a
resolution of, each House of Parliament.
(3)
A statutory instrument containing regulations or orders made by the Secretary
of State under any other provision of this Act is subject to annulment in
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pursuance of a resolution of either House of Parliament.
(4)
A statutory instrument containing regulations or orders made by the Welsh
Ministers under any provision of this Act is subject to annulment in pursuance
of a resolution of the National Assembly for Wales.
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Minor and consequential amendments and repeals
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(1)
Schedule 1 (minor and consequential amendments) shall have effect.
(2)
The enactments specified in Schedule 2 to this Act are repealed to the extent
shown in the second column of that Schedule.

Disabled Persons (Independent Living) Bill [HL]
Part 5 — General
31

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Commencement and extent
(1)
Apart from this section, this Act comes into force on such day as may be
appointed by order made by statutory instrument.
(2)
An order under subsection (1) is to be made—
(a)
in relation to England, by the Secretary of State; and
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(b)
in relation to Wales, by the Welsh Ministers.
(3)
This Act extends to England and Wales only.
(4)
This Act applies in relation to the Isles of Scilly subject to such modifications as
may be specified by order made by the Secretary of State.
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Short title
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(1)
This Act may be cited as the Disabled Persons (Independent Living) Act 2008.
(2)
Nothing in this Act shall impose any charge on the people or on public funds,
or vary the amount or incidence of or otherwise alter any such charge in any
manner, or affect the assessment, levying, administration or application of any
money raised by any such charge.
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Disabled Persons (Independent Living) Bill [HL]
Schedule 1 — Minor and consequential amendments

Schedules
Schedule 1
Section 37(1)

Minor and consequential amendments
National Assistance Act 1948 (c. 29)
1
In section 21(1)(a) of the National Assistance Act 1948 leave out “by reason
5
of age, illness, disability or any other circumstances”.
Local Authority Social Services Act 1970 (c. 42)
2     (1)
The Local Authority Social Services Act 1970 is amended as follows.
      (2)
In section 6(A1) after “social services functions” insert “including, in
particular, their functions under the Independent Living (Disabled Persons)
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Act 2008”.
      (3)
In Schedule 1 (functions which are social services functions), at the end
insert—
“Disabled Persons (Independent Living) Act 2008 sections 5 and
6 and 8 to 23”.
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National Health Service Act 1977 (c. 49)
3
In section 21(1) of the National Health Service Act 1977 leave out paragraphs
(b) and (c).
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
4     (1)
The Disabled Persons (Services, Consultation and Representation) Act 1986
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is amended as follows.
      (2)
In section 8(1) for “care” substitute “care and independent living support”.
      (3)
In section 8(1)(b) for “any of the welfare enactments” substitute “the
Disabled Persons (Independent Living) Act 2008”.
Children Act 1989 (c. 41)
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5     (1)
Section 17 of the Children Act 1989 (provision of services for children in
need, their families and others) is amended as follows.
      (2)
In subsection (2) at the beginning insert “Subject to subsection (11A) below,”.