Disabled Persons (Employment) Act 1958

1958 CHAPTER 33 6 and 7 Eliz 2

An Act to amend the law relating to disabled persons as regards the minimum age for attendance at certain courses under the Disabled Persons (Employment) Act 1944, as regards registration under that Act and as regards the provision by local authorities of employment or other work under special conditions.

[7th July 1958]

Modifications etc. (not altering text)

C1 Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

1 Minimum age for attendance at courses. E+W+S

In sections two and three of the principal Act (which relate to the provision of vocational training courses and industrial rehabilitation courses for disabled persons, not being under the age of sixteen years) for the words “ not being under the age of sixteen years” there shall in each case be substituted the words “ being over compulsory school age for the purposes of the Education Act, 1944, or, in Scotland, over school age for the purposes of the Education (Scotland) Act, 1946”.

Modifications etc. (not altering text)

C2 The text of Ss. 1, 2(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

F1 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 2 repealed (2.12.1996) by 1995 c. 50, s. 70(5), Sch. 7 (with ss. 59, 64, 65); S.I. 1996/1474, art. 2, Sch. 3 Pt. III

3 Provision of sheltered employment by local authorities. E+W+S

(1) A local authority [F2 in England or Scotland] [F3 shall have power under this section to][F3 may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the authority’s area shall] make arrangements for the provision of facilities for any of the purposes mentioned in subsection (1) of section fifteen of the principal Act (which relates to the provision for registered persons who are seriously disabled of employment, or work on their own account, under special conditions, and of training for such employment or work); [F4 and in relation to persons ordinarily resident in the area of a local authority, the authority shall, to such extent as the [F5 Secretary of State] may direct, be under a duty to exercise their powers under this subsection.]

(2) The powers and duties of a local authority under subsection (1) of this section shall be in lieu of any power or duty of the authority to make arrangements for the same purposes under [F6 section twenty-nine of the M1 National Assistance Act 1948, or under F7 [F8 ... paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006] or] [F9 section 38 of the M2 National Health Service (Scotland) Act 1978].

(3) The arrangements made by a local authority under this section shall be carried into effect [F10 subject to the approval of the Secretary of State].

(4) The Schedule to this Act shall have effect for the purpose of applying or adapting the enactments there mentioned for the purpose of this section, and for making other provisions supplementary to this section; and the foregoing subsections shall have effect subject to the provision made by that Schedule.

(5) For the purpose of this section “local authority” means as respects England F11 . . ., the council of a county [F12 . . . F13 , or of a metropolitan district or London borough or the Common Council of the City of London] and, as respects Scotland, [F14 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994][F15 [F16 and in relation to Wales, the council of a county or county borough]].

(6) This section shall come into force on the first day of January, nineteen hundred and fifty-nine.

Textual Amendments

F2 Words in s. 3(1) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 11(a)

F3 Words “may, with” to “area shall” substituted (E.W.) for words “shall have” to “section to” by Local Government Act 1972 (c. 70), Sch. 23 para. 6(1)

F4 Words repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 23 para. 6(1)

F5 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 134(a)

F6 Words in s. 3(2) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 11(b)

F7 Words in s. 3(2) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 11 (with arts. 1(3), 3)

F8 Words in s. 3(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 19 (with Sch. 3 Pt. 1)

F9 Words substituted by virtue of National Health Service (Scotland) Act 1978 (c. 29), Sch. 15 para. 2

F10 Words substituted (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 134(b)

F11 Words in s. 3(5) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), 66(8), Sch. 10 para. 3, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F12 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 6(1)

F13 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F14 Words in s. 3(5) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 49; S.I. 1996/323, art. 4(1)(b)(c)

F15 Words in s. 3(5) added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F16 Words in s. 3(5) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 11(c)

Modifications etc. (not altering text)

C3 S. 3 amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2, Sch. 1

C4 S. 3(3) repealed (E.W.)by Local Authority Social Services Act 1970 (c. 42), Sch. 3 and Local Government Act 1972 (c. 70), Sch. 30

C5 S. 3(4) repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 2

Marginal Citations

M1 1948 c. 29.

M2 1978 c. 29.

4 Short title, citation, construction and extent. E+W+S

(1) This Act may be cited as the Disabled Persons (Employment) Act 1958.

(2) In this Act “the principal Act” means the M3 Disabled Persons (Employment) Act 1944, and the principal Act and this Act may be cited together as the Disabled Persons (Employment) Acts 1944 and 1958.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment.

(4) This Act shall not extend to Northern Ireland.

Marginal Citations

M3 1944 c. 10.

Section 3.

F17 SCHEDULE E+W+S Sheltered Employment (Supplementary Provisions)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 12