SCHEDULE 13 Consequential Amendments
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
58
In section 1(3) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which regulations may provide for the appointment of authorised representatives of disabled persons)—
(a)
“(i)
the parent of a disabled person under the age of sixteen, or
(ii)
any other person who is not a parent of his but who has parental responsibility for him”; and
(b)
in paragraph (b), for the words “in the care of" there shall be substituted “
looked after by"
”
.
59
(1)
Section 2 of that Act (circumstances in which authorised representative has right to visit etc. disabled person) shall be amended as follows.
(2)
In subsection (3)(a) for the words from second “the" to “by" there shall be substituted “
for the words “if so requested by the disabled person" there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)">."
”
(3)
“(bb)
in accommodation provided by or on behalf of a local authority under Part III of the Children Act 1989, or”.
(4)
“(cc)
in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under section 17 of the Children Act 1989, or”.
60
In section 5(7)(b) of that Act (disabled persons leaving special education) for the word “guardian" there shall be substituted “
other person who is not a parent of his but who has parental responsibility for him"
”
.
61
(1)
“means—
(i)
in the case of a person aged eighteen or over, a person to whom section 29 of the 1948 Act applies, and
(ii)
in the case of a person under the age of eighteen, a person who is disabled within the meaning of Part III of the Children Act 1989”.
(2)
““parental responsibility” has the same meaning as in the Children Act 1989.”
(3)
In the definition of “the welfare enactments" in that section, in paragraph (a) after the words “the 1977 Act" there shall be inserted “
and Part III of the Children Act 1989"
”
.
(4)
“(2)
In this Act any reference to a child who is looked after by a local authority has the same meaning as in the Children Act 1989.”