Chronically Sick and Disabled Persons Act 1970

Welfare and housing E+W+S

1 Information as to need for and existence of welfare services. E+W+S

(1) It shall be the duty of every local authority having functions under section 29 of the M1 National Assistance Act 1948 to inform themselves of the number of persons to whom that section applies within their area and of the need for the making by the authority of arrangements under that section for such persons.

(2) Every such local authority—

(a) shall cause to be published from time to time at such times and in such manner as they consider appropriate general information as to the services provided under arrangements made by the authority under the said section 29 which are for the time being available in their area; and

(b) shall ensure that any such person as aforesaid who uses any of those services is informed of [F1 any other service provided by the authority (whether under any such arrangements or not)] which in the opinion of the authority is relevant to his needs [F2 and of any service provided by any other authority or organisation which in the opinion of the authority is so relevant and of which particulars are in the authority’s possession.]

(3) This section shall come into operation on such date as the Secretary of State may by order made by statutory instrument appoint.

Subordinate Legislation Made

P1 S. 1(3) power exercised: 1.10.1971 appointed for England and Wales by S.I. 1971/698 and 1.10.1972 appointed for Scotland by S.I. 1972/1420

Textual Amendments

F1 Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 9(a)

F2 Words inserted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 9(b)

Modifications etc. (not altering text)

C1 S. 1 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1.

Marginal Citations

M1 1948 c. 29.

2 Provision of welfare services. E+W+S

(1) Where a local authority having functions under section 29 of the M2 National Assistance Act 1948 are satisfied in the case of any person to whom that section applies who is ordinarily resident in their area that it is necessary in order to meet the needs of that person for that authority to make arrangements 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 the authority under the said section 29 or, with the approval of the authority, 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 the authority 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, . . . F3 subject [F4 to the provisions of section 35(2) of that Act (which requires local authorities to exercise their functions under Part III of that Act . . . F5 in accordance with the provisions of any regulations made for the purpose) and][F6 to the provisions of section 7(1) of the M3 Local Authority Social Services Act 1970 (which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State) [F7 and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State)]] it shall be the duty of that authority to make those arrangements in exercise of their functions under the said section 29.

[F8 (1A) Subsections (3) to (5) of section 32 of the National Assistance Act 1948 (which relate to the determination of any question arising under Part 3 of that Act as to a person's ordinary residence) apply in relation to any question arising under this section as to a person's ordinary residence as they apply in relation to such a question arising under Part 3 of that Act.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F3 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F4 Words repealed (1.4.1991 (E.W.) andprosp. (S.): see S.I. 1990/2218, art. 2, Sch.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1)(2), 67(2), Sch. 9 para. 12, Sch. 10

F5 Words repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 2 para. 12(1)

F6 Words inserted by Local Authority Social Services Act 1970 (c. 42), Sch. 2 para. 12(1)

F7 Words inserted (1.4.1991 (E.W.) andprosp. (S.): see S.I. 1990/2218, art. 2, Sch.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), 67(2), Sch. 9 para. 12

F8 S. 2(1A) inserted (19.4.2010 for E., 19.4.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 148(3), 170(3), 170(4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 4)

F9 S. 2(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C2 S. 2 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

Marginal Citations

M2 1948 c. 29.

M3 1970 c. 42.

[F10 3 Duties of housing authorities. E+W+S

[F11 (1) A local housing authority in discharging their duty under section 8 of the Housing Act 1985 to consider housing conditions in their district and the needs of their district and respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick or disabled persons.

(2) A local authority for the purposes of Part VII of the Housing (Scotand) Act 1966 in discharging their duty under section 137 of that Act to consider housing conditions in their district and the needs of their district with respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick or disabled persons; and any proposals prepared and submitted to the Secretary of State by the authority under that section for the provision of new houses shall distinguish any houses which the authority propose to provide which make special provision for the needs of such persons.]]

Textual Amendments

F10 S. 3 substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61) s. 4, Sch. 2 para. 20

F11 S. 3(1)(2) repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339(3), Sch. 24

Modifications etc. (not altering text)

C3 S. 3(1): power to apply certain functions conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)