Part 6: appendix 3 - disabled persons exemption - legislation and local authority circulars
The Valuation Office Agency's (VOA) technical manual for the rating of business (non-domestic) property.
Associated Law and Other Documents:
Section 275 of the National Health Service Act 2006
(1) In this Act (except where the context otherwise requires)—
*“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 (c. 24),
“facilities” includes the provision of (or the use of) premises, goods, materials, vehicles, plant or apparatus,
“the FHSAA” means the Family Health Services Appeal Authority,
“financial year” means a period of 12 months ending with 31st March in any year,
“functions” includes powers and duties,
“goods” include accommodation,
“the health service” means the health service continued under section 1(1) and under section 1(1) of the National Health Service (Wales) Act 2006 (c. 42),
“health service hospital” means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in a Primary Care Trust, an NHS trust or an NHS foundation trust,
a. any institution for the reception and treatment of persons suffering from illness,
b. any maternity home, and
c. any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and “hospital accommodation” must be construed accordingly,
“illness” includes mental disorder within the meaning of the Mental Health Act 1983 (c. 20) and any injury or disability requiring medical or dental treatment or nursing,
“local authority” means a county council, a county borough council, a district council, a London borough council, and the Common Council of the City of London,
“local education authority” has the same meaning as in the Education Act 1996 (c. 56),
“Local Health Board” means a body established under section 11 of the National Health Service (Wales) Act 2006 (c. 42),
“local pharmaceutical services” means such services as are prescribed under section 134(7) or paragraph 1(7) of Schedule 12,
“local social services authority” means the council of a non-metropolitan county, of a county borough or of a metropolitan district or London borough, or the Common Council of the City of London,
“medical” includes surgical,
“medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 (c. 30),
“medicine” includes such chemical re-agents as are included in a list approved by the Secretary of State for the purposes of section 126,
“modifications” includes additions, omissions and amendments,
“NHS trust” includes an NHS trust established under the National Health Service (Wales) Act 2006,
“officer” includes servant,
“optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 (c. 44) or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist,
“patient” includes a woman who is pregnant or breast-feeding or who has recently given birth,
“prescribed” means prescribed by regulations made by the Secretary of State,
“property” includes rights,
“registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists,
“regulations” means regulations made by the Secretary of State,
“Special Health Authority” includes a Special Health Authority established under the National Health Service (Wales) Act 2006,
“university” includes a university college,
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
(2) In this Act (except where the context otherwise requires) any reference to a body established under this Act or the National Health Service (Wales) Act 2006 (c. 42) includes a reference to a body continued in existence by virtue of this Act or that Act.
(3) So far as is necessary or expedient in consequence of a direction under section 7 or 15 providing for the exercise by a Strategic Health Authority, Primary Care Trust or Special Health Authority of a function exercisable by another person or body, any reference in any enactment, instrument or other document to that other person or body must be read as a reference to the Strategic Health Authority, Primary Care Trust or Special Health Authority.
(4) Any reference in this Act to the purposes of a hospital is a reference to its general purposes and to any specific purpose.
Section 29 of the National Assistance Act 1948
Section 29 National Assistance Act 1948 (as amended) states:
29(1) A Local Authority [may, with the approval of the Secretary of State, and to such an extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall ]* make arrangements for promoting the welfare of persons to whom this section applies, that is to say persons who are blind, deaf or dumb, [or who suffer from mental disorder of any description]** and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disabilities as may be prescribed by the Minister.
- amended by Local Government Act 1972. C. 70 s195(6), sch 23 para 2(4)(5) ** Added (prosp) by 1960 c.61 s113(1), sch 4
29(4) Without prejudice to the generality of the provisions of sub-section (1) of this section, arrangements may be made thereunder:-
a) for informing persons to whom arrangements under that sub-section relate of the services available for them thereunder;
b) for giving such persons instructions in their own homes or elsewhere in methods of overcoming the effects of their disabilities;
c) for providing workshops where such persons may be engaged (whether under a contract of service or otherwise) in suitable work, and hostels where persons engaged in the workshops, and other persons to whom arrangements under subsection (1) of this section relate and for whom work or training is being provided in pursuance of the Disabled Persons (Employment) Act 1944 [or the Employment and Training Act 1973]*** may live.
*** added by 1973 c 50 s14(1), sch 3 para 3
d) for providing persons to whom arrangements under subsection (1) of this section relate with suitable work (whether under a contract of service or otherwise) in their own home or elsewhere;
e) for helping such persons in disposing of the produce of their work;
f) for providing such persons with recreational facilities in their own homes or elsewhere;
g) for compiling and maintaining classified registers of the persons to whom arrangements under subsection (1) of this section relate.
29(6) Nothing in the foregoing provisions of this section shall authorise or require –
a) the payment of money to persons to whom this section applies, other than persons for whom work is provided under arrangements made by virtue of paragraph ( c) or paragraph (d) of subsection (4) of this section or who are engaged in work which they are enabled to perform in consequence of anything done in pursuance of arrangements made under this section; or
b) the provision of any accommodation or services required to be provided under the [National Health Service Act 1977]**
** Subst by 1977. C. 49, s129, sch 15 para 6
Appendix 2 to Department of Health Circular Local Authority Circular [LAC] (93)10
1) The Secretary of State hereby approves the making by local authorities of arrangements under section 29(1) of the Act for all persons to whom that subsection applies and directs local authorities to make arrangements under section 29(1) of the Act in relation to persons who are ordinarily resident in their area for all or any of the following purposes –
a) to provide a social work service and such advice and support as may be needed for people in their own homes or elsewhere;
b) to provide, whether at centres or elsewhere, facilities for social rehabilitation and adjustment to disability including assistance in overcoming limitations of mobility or communication;
c) to provide, whether at centre or elsewhere, facilities for occupational, social, cultural and recreational activities and, where appropriate, the making of payments to persons for work undertaken by them.
2) The Secretary of State hereby directs local authorities to make the arrangements referred to in section 29(4)(g) of the Act (compiling and maintaining registers) in relation to persons who are ordinarily resident in their area.
3) The Secretary of State hereby approves the making by local authorities of arrangements under section 29(1) of the Act for all persons to whom that subsection applies for the following purposes –
a) To provide holiday homes;
b) to provide free or subsidised travel for all or any persons who do not otherwise qualify for travel concessions, but only in respect of travel arrangements for which concessions are available;
c) to assist a person in finding accommodation which will enable him to take advantage of any arrangements made under section 29(1) of the Act;
d) to contribute to the cost of employing a warden on welfare functions in warden assisted housing schemes;
e) to provide warden services for occupiers of private housing.
4) Save as is otherwise provided or under this paragraph, the Secretary of State hereby approves the making by local authorities of all or any of the arrangements referred to in section 29(4) of the Act (welfare arrangements etc) for all persons to whom section 29(1) applies.
Chronically Sick and Disabled Persons Act 1970
**2 Provision of welfare services. **
(1) Where a local authority having functions under section 29 of the 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, subject to the provisions of section 35(2) of that Act (which requires local authorities to exercise their functions under Part III of that Act .in accordance with the provisions of any regulations made for the purpose) and to the provisions of section 7(1) of the 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) 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.