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Disabled Persons (Independent Living) Bill [HL]


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

29

 

(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

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

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

proposes to take.

35      

Amendment of the Planning and Compulsory Purchase Act 2004

After subsection (2) of section 39 of the Planning and Compulsory Purchase

15

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

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

users; and

(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

impairments.

(2B)   

For the purposes of this section “disabled persons” has the same

35

meaning as in the Disabled Persons (Independent Living) Act 2009.”

Part 5

General

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;

 
 

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

30

 

(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.

39      

Short title

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

 
 

Disabled Persons (Independent Living) Bill [HL]
Schedule 1 — Minor and consequential amendments

31

 

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)

10

Act 2009”.

      (3)  

In Schedule 1 (functions which are social services functions), at the end

insert—

“Disabled Persons (Independent Living) Act 2009 sections 5 and

6 and 8 to 22”.

15

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

3     (1)  

The Disabled Persons (Services, Consultation and Representation) Act 1986

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

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

health condition, or

(b)   

has had an illness or health condition, and

30

   

faces barriers to independent living”.

 

 

Disabled Persons (Independent Living) Bill [HL]
Schedule 1 — Minor and consequential amendments

32

 

      (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

follows.

      (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

living support”.

      (3)  

Wherever the words appear, for “cared for” substitute “cared for and

supported”.

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

Act 2009”.

 
 

Disabled Persons (Independent Living) Bill [HL]
Schedule 2 — Repeals

33

 

      (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

living support”.

      (3)  

Wherever the words appear, for “care for” substitute “cared for and

10

supported”.

National Health Service Act 2006 (c. 41)

8          

In section 254(1) of the National Health Service Act 2006, leave out

paragraphs (b) and (c).

National Health Service (Wales) Act 2006 (c. 42)

15

9          

In section 192(1) of the National Health Service (Wales) Act 2006, leave out

paragraphs (b) and (c).

Safeguarding Vulnerable Groups Act 2006 (c. 47)

10    (1)  

Section 30 of the Safeguarding Vulnerable Groups Act 2006 is amended as

follows.

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)

Act 2009”.

      (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.”

Schedule 2

Section 37(2)

 

Repeals

30

 

Short title and chapter

Extent of repeal

 
 

National Assistance Act 1948 (c. 29)

Sections 29 to 33.

 
 

Health Services and Public Health Act 1968 (c. 46)

Section 45.

 
 

Chronically Sick and Disabled Persons Act 1970

Sections 1 and 2.

 
 

(c. 44)

  

35

 
 

Disabled Persons (Independent Living) Bill [HL]
Schedule 2 — Repeals

34

 
 

Short title and chapter

Extent of repeal

 
 

Health and Social Services and Social Security

Section 17.

 
 

Adjudications Act 1983 (c. 41)

Section 21.

 
  

Section 22.

 
  

Section 24.

 

5

  

In Schedule 9, Part II.

 
 

Disabled Persons (Services, Consultation and

Sections 1 to 4.

 
 

Representation) Act 1986 (c. 33)

  
 

Children Act 1989 (c. 41)

Section 17A.

 
  

In Schedule 2, paragraph 2.

 

10

 

National Health Service and Community Care

Section 47.

 
 

Act 1990 (c. 19)

  
 

Health and Social Care Act 2001 (c. 15)

Section 57.

 
 

Community Care (Delayed Discharges etc.) Act

The whole Act.

 
 

2003 (c. 5)

  

15

 

National Health Service Act 2006 (c. 41)

Section 254(1)(b) and (c).

 
  

In Schedule 20, paragraph

 
  

2.

 
 

National Health Service (Wales) Act 2006 (c. 42)

Section 192(1)(b) and (c).

 
  

In Schedule 15, paragraph

 

20

  

2.

 
 
 

 
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