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Chronically Sick and Disabled Persons (Northern Ireland) Act 1978

Consolidated Text As Enacted Cited authorities 6 Cited in Related
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Chronically Sickand Disabled Persons(Northern Ireland) Act 1978

1978 CHAPTER 53

An Act to make further provision with respect to the welfare of chronically sick and disabled persons in Northern Ireland; and for connected purposes.

[31st July 1978]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Information as to need for and existence of social welfare services.

1 Information as to need for and existence of social welfare services.

(1) The Department of Health and Social Services for Northern Ireland shall inform itself of the number of and, so far as reasonably practicable, the identity of persons who are blind, deaf or dumb, and other persons who are substantially handicapped by illness, injury or congenital deformity and whose handicap is of a permanent or lasting nature or are suffering from a mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961 , and of the need for the making by that Department of arrangements for promoting the social welfare of such persons under Articles 4(b ) and 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 .

(2) The Department of Health and Social Services for Northern Ireland—

(a ) shall cause to be published from time to time at such times and in such manner as that Department considers appropriate general information as to the services provided under such arrangements which are for the time being available under Articles 4(b ) and 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 ; and

(b ) shall ensure that any such person as aforesaid who uses any of those services is informed of any other services provided under the Health and Personal Social Services (Northern Ireland) Order 1972 and of services provided by other government departments, public bodies and voluntary organisations which in the opinion of the Department are relevant to his needs.

S-2 Provision of social welfare services.

2 Provision of social welfare services.

2. Where the Department of Health and Social Services for Northern Ireland is satisfied in the case of any person to whom section 1 above applies that it is necessary in order to meet the needs of that person for that Department to make arrangements under Articles 4(b ) and 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 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 that Department under the said Articles 4(b ) and 15 for promoting the social welfare of such persons or, with the approval of that Department, 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 that Department 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, that Department shall make those arrangements.

S-3 Duties of Housing Executive.

3 Duties of Housing Executive.

3. The Northern Ireland Housing Executive when considering the needs of any district with respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick and disabled persons; and any proposals for the provision of new housing shall distinguish any houses which the Executive proposes to provide which make special provision for the needs of those persons.

S-4 Access to and facilities at premises open to the public.

4 Access to and facilities at premises open to the public.

(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 reasonable, for the needs of members of the public visiting the building or premises who are disabled.

(2) This section shall not apply to any building or premises intended for purposes mentioned in subsection (2) of section 8 of this Act or any such premises as are mentioned in subsection (3) of that section.

S-5 Provision of public sanitary conveniences.

5 Provision of public sanitary conveniences.

(1) Where any district council undertakes the provision of a public sanitary convenience, it shall be the duty of the council, in doing so, to make provision, in so far as it is in the circumstances both practicable and reasonable, for the needs of disabled persons.

(2) Any district council which in any public sanitary convenience provided by it makes or has 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.

S-6 Provision of sanitary conveniences at certain premises open to the public.

6 Provision of sanitary conveniences at certain premises open to the public.

6. Any person upon whom a notice is served with respect to any premises under section 44 of the Public Health Acts Amendment Act 1907(under which a district council may serve a notice requiring the provision of urinals or sanitary conveniences on 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.

S-7 Signs at buildings complying with sections 4 to 6.

7 Signs at buildings complying with sections 4 to 6.

(1) Where any provision required by or under section 4, 5 or 6 of this Act is made at a building in compliance with that section, a notice or sign indicating that provision is made for the disabled shall be displayed outside the building or so as to be visible from outside it.

(2) This section applies to a sanitary convenience provided elsewhere than in a building, and not itself being a building, as it applies to a building.

S-8 Access to and facilities at university and school buildings.

8 Access to and facilities at university and school buildings.

(1) Any person undertaking the provision of a building intended for purposes mentioned in subsection (2) below or of premises mentioned in subsection (3) below 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 reasonable, for the needs of persons using the building or premises who are disabled.

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

(a ) universities;

(b ) schools within the meaning of the Education and Libraries (Northern Ireland) Order 1972 , colleges of education or other establishments for the...

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