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C2 The text of Ss. 1, 2(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

2 Amendments as to registration. E+W+S

(1) In subsection (2) of section 7 of the principal Act (under which, among other things, a person’s name is not to be entered in the register of disabled persons unless his disablement appears likely to continue for six months or more or he is a 1914-1918 disablement pensioner) for any reference to six months there shall be substituted a reference to twelve months.

(2) Notwithstanding anything in section eight of the principal Act, a person registered as handicapped by disablement shall be entitled to have his name removed from the register on making a written application to [F1 the Secretary of State] for it to be removed.

Textual Amendments

F1 Words subsituted by virtue of S.I. 1959/1769 (1959 I, p. 1795), art. 2(1) and 1968/729, arts. 2(1), 3(2)

Modifications etc. (not altering text)

C3 The text of Ss. 1, 2(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

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

(1) A local authority [F2 shall have power under this section to][F2 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); [F3 and in relation to persons ordinarily resident in the area of a local authority, the authority shall, to such extent as the [F4 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 section twenty-nine of the M1 National Assistance Act 1948, or under [F5 paragraph 2 of Schedule 8 to the M2 National Health Service Act 1977] or [F6 section 38 of the M3 National Health Service (Scotland) Act 1978].

(3) The arrangements made by a local authority under this section shall be carried into effect [F7 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 F8 . . ., the council of a county [F9 . . . F10 , or of a metropolitan district or London borough or the Common Council of the City of London] and, as respects Scotland, [F11 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994][F12 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 “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)

F3 Words repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 23 para. 6(1)

F4 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 134(a)

F5 Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 21

F6 Words substituted by virtue of National Health Service (Scotland) Act 1978 (c. 29), Sch. 15 para. 2

F7 Words substituted (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 134(b)

F8 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

F9 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 6(1)

F10 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F11 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)

F12 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

Modifications etc. (not altering text)

C4 S. 3 amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2, Sch. 1

C5 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

C6 S. 3(4) repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 2

Marginal Citations

M1 1948 c. 29.

M2 1977 c. 49.

M3 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 M4 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

M4 1944 c. 10.

Section 3.

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

Modifications etc. (not altering text)

C7 Sch. repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

1 (1) Subject to the next following sub-paragraph, the M5 National Assistance Act 1948, shall have effect as if the following references included a reference to section three of this Act, that is to say— E+W+S

(a) the reference in paragraph (c) of subsection (4) of section twenty-nine to the principal Act;

(b) the references in subsections (6) and (7) of section twenty-nine to paragraph (c) of subsection (4) of that section;

(c) the references in sections thirty, [F13 and 32] to section twenty-nine of that Act;

(d) the references in sections thirty-five, thirty-six . . . F14 to Part III of that Act;

(e) the references in sections . . . F15 sixty-six to that Act.

(2) In the said sections . . . F16 thirty-five and thirty-six, as they apply by virtue of the foregoing sub-paragraph for the purposes of section three of this Act, references to the Minister of Labour and National Service shall be substituted for any reference to the Minister of Health or (in relation to Scotland) for any reference to the Secretary of State.

(3) Any order made before the date of the passing of this Act under the said section sixty-six (which relates to the application of the said Act to the Scilly Isles) shall, subject to any subsequent order, have effect as if section three of this Act were included in Part III of that Act.

Textual Amendments

F13 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 6(2)

F14 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

F15 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F16 Words repealed by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 6(2)

Marginal Citations

M5 1948 c. 29.

2. . . . F17

Textual Amendments

F17 Sch. para. 2 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

3. . . . F18

Textual Amendments

F18 Sch. para. 3 repealed by Local Government Act 1972 (c. 70), Sch. 30

4. . . . F19

Textual Amendments

F19 Sch. para. 4 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29