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In force since 2022-04-01, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Disabled Persons (Northern Ireland) Act 1989 1989 c. 10 An Act to make provision equivalent to the Disabled Persons (Services, Consultation and Representation) Act 1986 for Northern Ireland. [25th May 1989] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a changeA relevant authority shall, when requested to do so by— (a) a disabled person, (b) his authorised representative, or (c) any person who provides care for him in the circumstances mentioned in section 8, decide whether the needs of the disabled person call for the provision by the authority of any services in accordance with section 2 of the 1978 Act (provision of welfare services).
Propose a change(1) Where— (a) the Authority has made a statement under Article 16 of the Education Order (statement of child’s special educational needs) in respect of a child under the age of 14, and (b) the statement is still maintained by the Authority at whichever is the earlier of the following times, namely— (i) the time when the Authority institutes the first annual review of the statement following the child’s fourteenth birthday, and (ii) any time falling after that birthday when the Authority institutes a re-assessment of his educational needs, the Authority shall at that time require the appropriate officer to give the Authority his opinion as to whether the child is or is not a disabled person. (2) Where— (a) the Authority makes any such statement in respect of a child after he has attained the age of 14, or (b) the Authority maintains any such statement in respect of a child in whose case the appropriate officer has, in pursuance of subsection (1), given his opinion that the child is not a disabled person, but the Authority has become aware of a significant change in the mental or physical condition of the child giving the Authority reason to believe that he may now be a disabled person, the Authority shall, at the time of making the statement or (as the case may be) of becoming aware of that change, require the appropriate officer to give the Authority his opinion as to whether the child is or is not a disabled person. (3) Where, in pursuance of subsection (1) or (2), an opinion has been given that a child is a disabled person and it subsequently appears to the Authority — (a) that the child will cease to receive full-time education at school on a particular date and will not subsequently be receiving full-time education at an institution of further education, or (b) that the child will cease to receive full-time education at such an institution on a particular date, the Authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date referred to in paragraph (a) or (b); and any such notification shall be given not later than the relevant date and not earlier than four months before that date. In this subsection “the relevant date” means the date falling 8 months before the date referred to in paragraph (a) or (b) above. (4) If at any time it appears to the Authority — (a) that a person has on a particular date ceased to receive full-time education as mentioned in paragraph (a) or (b) of subsection (3) or will cease to do so on a particular date falling less than 8 months after that time, and (b) that no notification of that date has been given to the appropriate officer under that subsection with respect to that person, but (c) that, had the Authority been aware of his intentions 8 months or more before that date, the Authority would have been required to give notification of that date under that subsection with respect to him, the Authority shall, as soon as is reasonably practicable, give to the appropriate officer written notification for the purposes of subsection (5) of that date. (5) When the appropriate officer receives a notification given with respect to any person under subsection (3) or (4), he shall (subject to subsections (6) and (7)) make arrangements for the relevant authority of which he is an officer to carry out an assessment of the needs of that person with respect to the provision by that relevant authority of any personal social services for that person, and any such assessment shall be carried out— (a) in the case of a notification under subsection (3), not later than the end of the period of 5 months beginning with the date of receipt of the notification, or (b) in the case of a notification under subsection (4), before the date specified in the notification, if reasonably practicable, and in any event not later than the end of the period referred to in paragraph (a) above. (6) If— (a) a notification has been given to the appropriate officer with respect to any person under subsection (3) or (4), but (b) it subsequently appears to the Authority that that person will be receiving full-time education (whether at school or at an institution of further education) at a time later than the date specified in the notification, the Authority shall give written notification of the relevant facts to that officer as soon as is reasonably practicable; and on receiving any such notification that officer shall cease to be required under subsection (5) to make arrangements for the assessment of the needs of the person in question (but without prejudice to the operation of that subsection in relation to any further notification given with respect to that person under subsection (3) or (4)). (7) Nothing in subsection (5) shall require the appropriate officer to make arrangements for the assessment of the needs of a person— (a) if, having attained the age of 16, he has requested that such arrangements should not be made under that subsection, or (b) if, being under that age, his parent has made such a request. (8) Regulations under paragraph 7(2) of Schedule 2 to the Education Order (statements of special educational needs) may, in relation to the transfer of statements made under Article 16 of that Order, make such provision as appears to the Department of Education for Northern Ireland to be necessary or expedient in connection with the provisions of this section. (9) In this section— “the appropriate officer”, in relation to the child or person referred to in the provision of this section in question, means such officer as may be appointed for the purposes of this section by the HSC trust in whose operational area the child or person is for the time being ordinarily resident. “child” means, subject to Article 3(7) and (8) of the Education Order in relation to a child with special educational needs, a person of compulsory school age who is registered as a pupil at a school or an institution of further education; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and other expressions used in this section and in the Education Order (and not defined in this Act) have the same meaning in this section as in that Order.
Propose a change(1) The Authority shall for the purposes of section 5 keep under review the dates when the following children are expected to cease to receive full-time education at school or (as the case may be) at an institution of further education, namely— (a) children ... in the case of each of whom an opinion has been given in pursuance of subsection (1) or (2) of section 5 that he is a disabled person ...; and (b) children at institutions of further education ... in the case of each of whom any such opinion has been given as mentioned in paragraph (a). (2) Subsection (9) of section 5 shall have effect for the purposes of this section as it has effect for the purposes of that section.
Propose a change(1) Where a person is to be discharged from hospital accommodation after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the HSC trust managing the hospital accommodation shall, as soon as is reasonably practicable after that date is known to it, give written notification of that date in accordance with subsection (3). (2) Where— (a) a person liable to be detained under the Mental Health Order is discharged from hospital accommodation in pursuance of an order for his immediate discharge made by the Mental Health Review Tribunal for Northern Ireland, and (b) he is so discharged after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date of his discharge, the HSC trust managing the hospital accommodation shall, as soon as is reasonably practicable, give written notification of that person’s discharge in accordance with subsection (3). (3) Notification under subsection (1) or (2) with respect to any person shall be given to any HSC trust whose functions appear to include the provision of any health or personal social services which that person may need. (4) Where— (a) an HSC trust receives a notification given under subsection (1) or (2) with respect to a person who is under the age of 19 on the date on which he is to be, or is, discharged; or (b) the the HSC trust managing the hospital accommodation from which such a person is to be, or is, discharged as mentioned in subsection (1) or (2) has functions which include the provision of any services mentioned in subsection (3), that ... trust shall, as soon as is reasonably practicable, give written notification of the date on which that person is to be, or is, discharged to the Authority. (5) Where— (a) an HSC trust receives a notification given with respect to a person under subsection (1) or (2), or (b) the HSC trust managing the hospital accommodation from which a person is to be, or is, discharged as mentioned in subsection (1) or (2) has functions which include the provision of any services mentioned in subsection (3), that ... trust shall, subject to subsection (8), make arrangements for an assessment of the needs of that person with respect to the provision of any health or personal social services the provision of which falls within the functions of that Board or trust. (6) In making any arrangements under subsection (5) an HSC trust falling within paragraph (a) of that subsection shall consult the HSC trust managing the hospital accommodation in question. (7) Any assessment for which arrangements are required to be made by subsection (5) shall be carried out— (a) where the person is to be discharged as described in subsection (1), not later than the date mentioned in that subsection, or (b) where the person is discharged as described in subsection (2), as soon as is reasonably practicable after the date of his discharge. (8) An HSC trust shall not be required to make arrangements for an assessment of the needs of a person by virtue of subsection (5) if that person has requested it not to make any such arrangements. (9) Nothing in this section shall apply in relation to a person who is being discharged from any hospital accommodation for the purpose of being transferred to other hospital accommodation in which he will be an in-patient (whether or not he will be receiving medical treatment for mental disorder); but any reference in subsection (1) or (2) to a person’s having received medical treatment for mental disorder as an in-patient for the period mentioned in that subsection is a reference to his having received such treatment for that period whether or not he received the treatment at the same hospital accommodation throughout that period and disregarding any interruption of that period attributable to his being transferred to other hospital accommodation. (10) In this section “medical treatment” has the meaning given by Article 2(2) of the Mental Health Order.
Propose a change(1) Where— (a) a disabled person is living at home and receiving a substantial amount of care on a regular basis from another person (who is not a person employed to provide such care by any body in the exercise of its functions under any enactment), and (b) it falls to a relevant authority to decide whether the disabled person’s needs call for the provision of any personal social services for him, the relevant authority shall, in deciding that question, have regard to the ability of that other person to continue to provide such care on a regular basis. (2) Where that other person is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, the relevant authority shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not prevent the relevant authority from being properly informed as to the ability of that person to continue to provide care as mentioned in subsection (1). (3) Section 3(8) shall apply for the purposes of subsection (2) above as it applies for the purposes of section 3(7), but as if any reference to the disabled person or his authorised representative were a reference to the person mentioned in subsection (2).
Propose a changeWhere any enactment provides for the appointment or co-option to any council, committee or body of one or more persons with special knowledge of the needs of disabled persons, such appointment orco-option shall only be made after consultation with such organisation or organisations of disabled people as may be appropriate in each case.
Propose a changeThe Department shall annually lay before the Northern Ireland Assembly a report containing the following information, namely— (a) such information as the Department considers appropriate with respect to the development of health services and personal social services in the community for persons suffering from mental disorder who are not resident in hospitals; (b) information with respect to the number of persons receiving treatment for mental disorder as in-patients in hospital accommodation, and analysed by reference to age and length of stay; and (c) such other information (if any) as the Department considers appropriate to be included in the report.
Propose a change(1) In this Act— “the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972; “the 1978 Act” means the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978; “authorised representative” has the meaning given by section 1(1); ... “the Authority” means the Education Authority; “the Department” has the meaning given by section 1(2); “the Education Order” means the Education (Northern Ireland) Order 1996; “disabled person” means a person to whom section 1 of the 1978 Act applies; ... “health services” has the meaning given by Article 2(2) of the 1972 Order; “hospital” has the meaning given by Article 2(2) of the 1972 Order; “hospital accommodation” means any hospital or special accommodation vested in the Department or an HSC trust; “HSC trust” means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991; “the Mental Health Order” means the Mental Health (Northern Ireland) Order 1986; “mental disorder” has the meaning given by Article 3 of the Mental Health Order; “modifications” includes additions, omissions and amendments; “parent” in relation to a disabled person under the age of 16, includes a person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children (Northern Ireland) Order 1995); “personal social services” means services provided ... under Article 4(b) or 15 of the 1972 Order or section 2 of the 1978 Act or under Part IV of the Children (Northern Ireland) Order 1995; “relevant authority” means an HSC trust that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991; “services” includes facilities; “special accommodation” has the meaning given by Article 110 of the Mental Health Order; “voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members. (1A) In this Act any reference to a child who is looked after by a relevant authority has the same meaning as in the Children (Northern Ireland) Order 1995. (2) The power to make regulations or an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (3) A statutory rule containing regulations or an order under this Act (except an order under section 12(2)) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if this Act were a Measure of the Northern Ireland Assembly. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This Act may be cited as the Disabled Persons (Northern Ireland) Act 1989. (2) This Act shall come into force on such day as the Head of the Department may by order appoint, and different days may be appointed for different provisions or different purposes. (3) This Act extends to Northern Ireland only.
Propose a change