Chronically Sick and Disabled Persons Act 1970

University and school buildings E+W+S

8 Access to, and facilities at, university and school buildings. E+W+S

(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 provision, in so far as it is in the circumstances both practicable and reasonable, for the needs of persons using the building who are disabled.

(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;

F1 [(aa) institutions within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992]

[F2 (b) schools and institutions which provide higher education or further education (or both) and are maintained or assisted by [F3 local authorities]];

F4 [(ba) institutions within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992]

F5 [(c) educational establishments within the meaning of section 135(1) of the Education (Scotland) Act 1980.]

[F6 and expressions used in paragraph (b) above and in the Education Act 1996 have the same meanings as in that Act.]

Textual Amendments

F1 S. 8(2)(aa) (which was inserted by Education Reform Act 1988 (c. 40), ss. 231(7), 235(6), 237(1), Sch. 12 para. 69(3)) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 para. 72(a); S.I. 1992/831, art. 2, Sch. 3

F2 S. 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)

F3 Words in s. 8(2)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 24

F4 S. 8(2)(ba) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 para. 72(b); S.I. 1992/831, art. 2, Sch. 3

F5 S. 8(2)(c) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 3; S.I. 1992/817, art. 3(2), Sch. 1

F6 Words in s. 8(2) substituted (1.11.1996) by virtue of 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 19 (with ss. 1(4), 582(3), Sch. 39)

[F7 8A Access to and facilities at, offices and other premises. E+W+S

(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 [F8 provision, in so far as it is in the circumstances both practicable and reasonable][F8 appropriate provision], for the needs of persons using the premises who are disabled [F9 unless 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][F10 unless 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.]

[F11 (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

F7 S. 8A added by Chronically Sick and Disabled Persons (Amendment) Act 1976 (c. 49, SIF 81:3), s. 2

F8 Words “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)

F9 Words added (prosp.) (E.W.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 6(1)(b)

F10 Words added (prosp.) (S.) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), ss. 37(1)(b), 43(4)

F11 Words 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)

[F12 8B Reports by Secretary of State on improvement of means of access. E+W+S

(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

F13 (c)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 8B inserted (E.W.S.) by Disabled Persons Act 1981 (c. 43, SIF 81:3), s. 7

F13 S. 8B(2)(c) repealed (1.9.2007) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 16 para. 4, Sch. 17 (with ss. 352, 354, Sch. 16 paras. 21); S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11 arts. 7-12 Sch. 4) (as inserted by S.I. 2007/2169, art. 3, 6, Sch.)