(1)Any person undertaking the provision of a building intended for purposes mentioned in subsection (2) below shall, in the means of access both to and within the building, and in the parking facilities and sanitary conveniences to be available (if any), make [F1provision, in so far as it is in the circumstances both practicable and reasonable][F1appropriate provision], for the needs of persons using the building who are disabled [F2unless such body as may be prescribed by the Secretary of State 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; and different bodies and different procedures may be prescribed for different classes of buildings or other premises to which this subsection applies][F3unless such body as may be prescribed by the Secretary of State 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.]
[F4X1(1A)In subsection (1) above “appropriate provision” in relation to any case, means provision conforming with so much of the Design Note as is relevant to that case and “prescribed” means prescribed by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and in the foregoing provisions of this subsection “the Design Note” means Design Note 18 “Access for Physically Disabled to Educational Buildings”, published on behalf of the Secretary of State.]
[F5X1(1A)Subsection (1A) of section 4 of this Act shall apply in relation to the interpretation of the last foregoing subsection of this section as the said subsection (1A) applies in relation to the interpretation of subsection (1) of that section.]
(2)The purposes referred to in subsection (1) above are the purposes of any of the following:—
(a)universities, university colleges and colleges, schools and halls of universities;
[F6(aa)institutions within the PCFC funding sector;]
[F7(b)schools and institutions which provide higher education or further education (or both) and are maintained or assisted by local education authorities];
(c)educational establishments within the meaning of the M1Education (Scotland) Act 1962.
[F8and expressions used in paragraphs (aa) and (b) above and in the Education Act 1944 have the same meanings as in that Act]
Editorial Information
X1S. 8(1A) commencing “In subsection (1) above” inserted (prosp.) (E.W.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(4) and s. 8(1A) commencing “Subsection (1A) of section 4” inserted (S.) (prosp.) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 37(3)
Textual Amendments
F1Words “appropriate provision” substituted (prosp.) (E.W.S.) for words commencing “provision, in so far as” by (S.) Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), ss. 37(1)(a), 43(4) and (E.W.) Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(1)(b)
F2Words added (E.W.) (prosp.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(1)(b)(6)
F3Words added (S.) (prosp.) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 37(1)(b)
F4S. 8(1A) inserted (prosp.) (E.W.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(4)
F5S. 8(1A) inserted (S.) (prosp.) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 37(3)
F6S. 8(2)(aa) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 69(2)
F7S. 8(2)(b) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 69(3)
F8Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 69(4)
Marginal Citations
(1)Any person undertaking the provision of premises mentioned in subsection (2) below shall be in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make [F10provision, in so far as it is in the circumstances both practicable and reasonable][F10appropriate provision], for the needs of persons using the premises who are disabled [F11unless such body as may be prescribed by the Secretary of State 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; and different bodies and different procedures may be prescribed for different classes of buildings or other premises to which this subsection applies][F12unless such body as may be prescribed by the Secretary of State 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.]
[F13(1A)Subsection (1A) of section 4 of this Act shall apply in relation to the interpretation of the last foregoing subsection of this section as the said subsection (1A) applies in relation to the interpretation of subsection (1) of that section.]
(2)Premises to which this section applies are—
(a)office premises, shop premises and railway premises to which the Offices, Shops and Railway Premises Act 1963 applies;
(b)premises which are deemed to be such premises for the purposes of that Act, and
(c)factories as defined by section 175 of the Factories Act 1961, being (in each case) premises in which persons are employed to work.]
Textual Amendments
F10Words “appropriate provision” substituted (prosp.) (E.W.S.) for words commencing “provision, in so far as” by (S.) Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 37(1)(a) and (E.W.) Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(1)(a)(6)
F11Words added (prosp.) (E.W.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(1)(b)
F12Words added (prosp.) (S.) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), ss. 37(1)(b), 43(4)
F13Words inserted (prosp.) (E.W.S.) by (S.) Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), ss. 37(3), 43(4) and (E.W.) Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(3)(6)
(1)The Secretary of State shall lay before Parliament a report on his proposals for ensuring or facilitating the improvement of means of access for disabled persons—
(a)to buildings or premises such as are mentioned in sections 4, 8 and 8A above;
(b)to public sanitary conveniences; and
(c)to sanitary conveniences provided in any of the places mentioned in subsection (2) below.
(2)The places referred to in subsection (1)(c) above are—
(a)a place which is normally used or is proposed to be normally used for any of the following purposes, namely—
(i)the holding of any entertainment, exhibition or sporting event to which members of the public are admitted either as spectators or otherwise,
(ii)the sale of food or drink to members of the public for consumption at the place;
(b)a place which is used on some occasion or occasions or is proposed to be used on some occasion or occasions for any of the purposes aforesaid; and
(c)a betting office.]
Textual Amendments
F14S. 8B inserted (E.W.S.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 7