Prospective
Further provision as regards needs of disabledN.I.
8.—(1) In each of sections 4(1), 5(1), 6 and 8(1) of the Act of 1978 (which impose on persons undertaking the provision of public buildings, etc. certain duties as regards the needs of the disabled)—
(a)for the words “provision, in so far as it is in the circumstances both practicable and reasonable” there shall be substituted the words “ appropriate provision ”; and
(b)at the end there shall be added the words “ unless such body as may be prescribed by the Department of the Environment for Northern Ireland 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. ”.
(2) After section 4(1) of the Act of 1978 there shall be inserted the following subsection—
“(1A) In subsection (1)—
“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;
“prescribed” means prescribed by regulations;
and in 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.” .
(3) After sections 5(1) and 8(1) of the Act of 1978, the following words shall be inserted as sections 5(1A) and 8(1A) respectively—
“Subsection (1A) of section 4 shall apply in relation to the interpretation of subsection (1) as it applies in relation to the interpretation of subsection (1) of that section.” .
(4) Section 6 of the Act of 1978 shall be re-numbered as section 6(1) and the words set out in paragraph (3) shall be inserted as subsection (2) of that section.
(5) Section 18 of the Act of 1978 shall be re-numbered as section 18(1) and at the end the following subsection shall be added—
“(2) The Department of the Environment for Northern Ireland may be regulations amend the definition of “the Code of Practice for Access for the Disabled to Buildings” in section 4(1A).” .