Chronically Sick and Disabled Persons Act 1970 is up to date with all changes known to be in force on or before 17 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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An Act to make further provision with respect to the welfare of chronically sick and disabled persons; and for connected purposes.
Modifications etc. (not altering text)
C2 Act (except ss. 9, 13(2), 28): transfer of functions (1.7.1999) by S.I. 1999/ 672, art. 2, Sch. 1
I1 Act not in force at Royal Assent see s. 29(4); Act wholly in force 1.10.1972.
(1) [ F1 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) [ F1 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 [ F2 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 [ F3 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.
[ F4 (4) Subsection (5) applies to local authorities in England.
(5) A local authority must ensure that any disabled child who uses services which are provided under arrangements made by the authority under Part 3 of the Children Act 1989 is informed—
(a) of any other service provided by the authority (whether or not under those arrangements) which in the authority’s opinion is relevant to the child’s needs, and
(b) of any service provided by another authority or organisation which in the authority’s opinion is relevant to the child’s needs and which the authority have details of. ]
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
Modifications etc. (not altering text)
(1) [ F5 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, . . . F6 subject [ F7 to the provisions of section 35(2) of that Act (which requires local authorities to exercise their functions under Part III of that Act . . . F8 in accordance with the provisions of any regulations made for the purpose) and ] [ F9 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) [ F10 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. ]
[ F14 (3) Subsections (4) to (6) apply to local authorities in England.
(4) Where a local authority have functions under Part 3 of the Children Act 1989 in relation to a disabled child and the child is ordinarily resident in their area, they must, in exercise of those functions, make any arrangements within subsection (6) that they are satisfied it is necessary for them to make in order to meet the needs of the child.
(5) Subsection (4) is subject to sections 7(1) and 7A of the Local Authority Social Services Act 1970 (exercise of social services functions subject to guidance or directions of the Secretary of State).
(6) The arrangements mentioned in subsection (4) are arrangements for any of the following—
(a) the provision of practical assistance for the child in the child’s home;
(b) the provision of wireless, television, library or similar recreational facilities for the child, or assistance to the child in obtaining them;
(c) the provision for the child of lectures, games, outings or other recreational facilities outside the home or assistance to the child in taking advantage of available educational facilities;
(d) the provision for the child of facilities for, or assistance in, travelling to and from home for the purpose of participating in any services provided under arrangements made by the authority under Part 3 of the Children Act 1989 or, with the approval of the authority, in any services, provided otherwise than under arrangements under that Part, which are similar to services which could be provided under such arrangements;
(e) the provision of assistance for the child in arranging for the carrying out of any works of adaptation in the child’s home or the provision of any additional facilities designed to secure greater safety, comfort or convenience for the child;
(f) facilitating the taking of holidays by the child, whether at holiday homes or otherwise and whether provided under arrangements made by the authority or otherwise;
(g) the provision of meals for the child whether at home or elsewhere;
(h) the provision of a telephone for the child, or of special equipment necessary for the child to use one, or assistance to the child in obtaining any of those things.
(7) Any question arising under this section as to a person’s ordinary residence in an area in England or Wales is to be determined by the Secretary of State or by the Welsh Ministers.
(8) The Secretary of State and the Welsh Ministers must make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the Welsh Ministers.
(9) Those arrangements may include provision for the Secretary of State and the Welsh Ministers to agree, in relation to any question that has arisen, which of them is to deal with the case. ]