|
| |
| |
(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 |
| 5 |
Secretary of State shall begin to conduct a review immediately after the first |
| |
| |
(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 |
| 10 |
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 |
| |
| |
35 | Amendment of the Planning and Compulsory Purchase Act 2004 |
| |
After subsection (2) of section 39 of the Planning and Compulsory Purchase |
| 15 |
| |
“(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 |
| 20 |
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); |
| 25 |
(ii) | future ease of adaptation to provide full access into and |
| |
around the dwelling and ease of use for wheelchair |
| |
| |
(iii) | the capacity of the dwelling to meet the changing needs |
| |
of any occupiers over their lifetime; and |
| 30 |
(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 |
| |
| |
(2B) | For the purposes of this section “disabled persons” has the same |
| 35 |
meaning as in the Disabled Persons (Independent Living) Act 2009.” |
| |
| |
| |
36 | Regulations and orders |
| |
(1) | Any power to make regulations or orders under this Act— |
| 40 |
(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 |
| |
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. |
| 5 |
(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 |
| |
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 |
| 10 |
of a resolution of the National Assembly for Wales. |
| |
37 | Minor and consequential amendments and repeals |
| |
(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. |
| 15 |
38 | 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 |
| 20 |
(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. |
| |
| 25 |
(1) | This Act may be cited as the Disabled Persons (Independent Living) Act 2009. |
| |
(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. |
| 30 |
| |
| |
|
| |
| |
| |
| |
| |
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) |
| 10 |
| |
(3) | In Schedule 1 (functions which are social services functions), at the end |
| |
| |
“Disabled Persons (Independent Living) Act 2009 sections 5 and |
| |
| 15 |
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) |
| |
3 (1) | The Disabled Persons (Services, Consultation and Representation) Act 1986 |
| |
| |
(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 |
| 20 |
Disabled Persons (Independent Living) Act 2009”. |
| |
Children Act 1989 (c. 41) |
| |
4 (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,”. |
| 25 |
(3) | In subsection (11) leave out from “if” to “; and” and insert “he— |
| |
(a) | has a physical, neurological or sensory impairment, a |
| |
learning disability, a mental health problem, an illness or |
| |
| |
(b) | has had an illness or health condition, and |
| 30 |
| faces barriers to independent living”. |
| |
| |
| |
|
| |
| |
(4) | After subsection (11) insert— |
| |
“(11A) | A disabled child’s requirements for practical assistance and support |
| |
for independent living and associated support shall be assessed and |
| |
determined and arrangements shall be made under and in |
| |
accordance with sections 13 to 15 of the Disabled Persons |
| 5 |
(Independent Living) Act 2009.”. |
| |
Carers (Recognition and Services) Act 1995 (c. 12) |
| |
5 (1) | Section 1 of the Carers (Recognition and Services) Act 1995 is amended as |
| |
| |
(2) | In subsection (1)(a) for the words from “section” to “services” substitute |
| 10 |
“section 14 of the Disabled Persons (Independent Living) Act 2009 of the |
| |
requirements of a disabled person (“the relevant person”) for practical |
| |
assistance and support for independent living”. |
| |
(3) | For “care” substitute “care and independent living support”. |
| |
(4) | For “needs” substitute “requirements”. |
| 15 |
(5) | For “provision of any services” substitute “provision of any practical |
| |
assistance and support for independent living”. |
| |
(6) | In subsection (2)(a) for the words “Part III of the Children Act 1989 or section |
| |
2 of the Chronically Sick and Disabled Persons Act 1970” substitute “section |
| |
14 of the Disabled Persons (Independent Living) Act 2009”. |
| 20 |
(7) | In subsection (6) omit the definition of “community care services”. |
| |
(8) | In subsection (6) for the words “to whom section 29 of the National |
| |
Assistance Act 1948 applies” substitute “to whom the Disabled Persons |
| |
(Independent Living) Act 2009 applies”. |
| |
Carers and Disabled Children Act 2000 (c. 16) |
| 25 |
6 (1) | The Carers and Disabled Children Act 2000 is amended as follows. |
| |
(2) | Wherever the word appears, for “care” substitute “care and independent |
| |
| |
(3) | Wherever the words appear, for “cared for” substitute “cared for and |
| |
| 30 |
(4) | Wherever the words appear, for “community care services” substitute |
| |
“practical assistance and support for independent living”. |
| |
(5) | Wherever the words appear, for “care for” substitute “care for and support”. |
| |
(6) | Wherever the word appears, for “caring” substitute “caring and providing |
| |
independent living support”. |
| 35 |
(7) | In section 4(3)(a) for “section 47 of the National Health Service and |
| |
Community Care Act 1990” substitute “section 13 of the Disabled Persons |
| |
(Independent Living) Act 2009”. |
| |
(8) | In section 6(1) for “section 17 of the Children Act 1989 (“the 1989 Act”)” |
| |
substitute “sections 13 to 15 of the Disabled Persons (Independent Living) |
| 40 |
| |
| |
| |
|
| |
| |
(9) | In section 6(5) for “section 17 of the 1989 Act” substitute “sections 13 to 15 of |
| |
the Disabled Persons (Independent Living) Act 2009”. |
| |
(10) | In section 6A(3)(c) for “section 4(3) of the Community Care (Delayed |
| |
Discharges etc.) Act 2003” substitute “section 16 of the Disabled Persons |
| |
(Independent Living) Act 2009”. |
| 5 |
Carers (Equal Opportunities) Act 2004 (c. 15) |
| |
7 (1) | The Carers (Equal Opportunities) Act 2004 is amended as follows. |
| |
(2) | Wherever the word appears, for “care” substitute “care and independent |
| |
| |
(3) | Wherever the words appear, for “care for” substitute “cared for and |
| 10 |
| |
National Health Service Act 2006 (c. 41) |
| |
8 | In section 254(1) of the National Health Service Act 2006, leave out |
| |
| |
National Health Service (Wales) Act 2006 (c. 42) |
| 15 |
9 | In section 192(1) of the National Health Service (Wales) Act 2006, leave out |
| |
| |
Safeguarding Vulnerable Groups Act 2006 (c. 47) |
| |
10 (1) | Section 30 of the Safeguarding Vulnerable Groups Act 2006 is amended as |
| |
| 20 |
(2) | In subsection (8) for “may” substitute “shall”. |
| |
(3) | In subsection (8) for “section 57 of the Health and Social Care Act 2001 |
| |
(c. 15)” substitute “section 14 of the Disabled Persons (Independent Living) |
| |
| |
(4) | After subsection (8) insert— |
| 25 |
“(9) | The Secretary of State shall by regulations make provision requiring |
| |
a local authority to make such information available to a person |
| |
mentioned in subsection (8) free of charge.” |
| |
| |
| |
| 30 |
| | | | | | | | National Assistance Act 1948 (c. 29) |
| | | | | | Health Services and Public Health Act 1968 (c. 46) |
| | | | | | Chronically Sick and Disabled Persons Act 1970 |
| | | | | | | | | 35 |
|
| |
| |
