Disabled Persons (Services, Consultation and Representation) Act 1986

Changes over time for: Section 16

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There are currently no known outstanding effects for the Disabled Persons (Services, Consultation and Representation) Act 1986, Section 16.

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16 Interpretation.E+W+S

[F1(1)]In this Act—

“the 1948 Act” means M1National Assistance Act 1948;
“the 1968 Act” means the M2Social Work (Scotland) Act 1968;
“the 1970 Act” means the M3Chronically Sick and Disabled Persons Act 1970;
F2...
“the 1978 Act” means the M4National Health Service (Scotland) Act 1978;
“the 1980 Act” means the M5Education (Scotland) Act 1980;
“the 1983 Act” means the M6Mental Health Act 1983;
[F3“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);]
[F4“the 2006 Act” means the National Health Service Act 2006;]
“authorised representative” has the meaning given by section 1(1) above;
“disabled person”—
(za)
[F5in relation to England, means—
(i)
in the case of a person aged 18 or over, a person who has a disability within the meaning of section 6 of the Equality Act 2010;
(ii)
in the case of a person aged under 18, a person who is disabled within the meaning of Part 3 of the Children Act 1989;]
(a)
[F6in relation to Wales means a person who is disabled within the meaning of section 3 of the Social Services and Well-being (Wales) Act 2014; and]
(b)
[F7in relation to Scotland, means—
(i)
in the case of a person aged eighteen or over, one chronically sick or disabled or one suffering from mental disorder (being, in either case, a relevant person for the purposes of section 12 of the Social Work (Scotland) Act 1968; and
(ii)
in any other case, a disabled child (“disabled child” being construed in accordance with Chapter 1 of Part II of the Children (Scotland) Act 1995);]
“guardian” (except in section 1(6))—
(a)
[F8in relation to England and Wales, means a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child; and]
(b)
[F9in relation to Scotland, means a person ap pointed by deed or will or by order of a court of competent jurisdiction to be the [F10tutor, curator or] guardian of a child;]
F11...
“Health Board” means a Health Board within the meaning of the 1978 Act;
“hospital”—
(a)
in relation to England and Wales, means—
(i)
a health service hospital within the meaning of [F122006 Act or the National Health Service (Wales) Act 2006], or
(ii)
any accommodation provided by any person pursuant to arrangements made under [F13section 12(1) of the 2006 Act or section 10(1) of the National Health Service (Wales) Act 2006] (voluntary organisations and other bodies) and used as a hospital; and
(b)
in relation to Scotland, means a health service hospital within the meaning of the 1978 Act;
“local authority” (except in section 2(7))—
(a)
in relation to England and Wales, means a council which is a local authority for the purposes of the M7Local Authority Social Services Act 1970 [F14or the Social Services and Well-being (Wales) Act 2014] or, so long as an order under section 12 of [F15the 1970 Act] is in force, the Council of the Isles of Scilly; and
(b)
in relation to Scotland, means a [F16council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] on whom functions are imposed by section 1 [F17, as read with section 2,] of the 1968 Act [F18or any of the enactments mentioned in section 5(1B) of that Act];
[F19“Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;]
“mental disorder”—
(a)
in relation to England and Wales, has the meaning given by section 1 of the 1983 Act; and
(b)
in relation to Scotland, has the meaning given by [F20section 328 of the 2003 Act];
“modifications” includes additions, omissions and amendments;
“parent”—
(a)
in relation to England and Wales, means, in the case of a child who is illegitimate, his mother, to the exclusion of his father; and
(b)
in relation to Scotland, means, in the case of a child whose father is not married to the mother, his mother, to the exclusion of his father;
[F21“parental responsibility” has the same meaning as in the Children Act 1989;]
F22...
“services” includes facilities;
[F23“Special Health Authority” means a Special Health Authority established under [F24section 28 of the 2006 Act or section 22 of the National Health Service (Wales) Act 2006];]
“special hospital” means a special hospital within the meaning of the 1977 Act;
“State hospital” means a State hospital within the meaning of the [F252003] Act;
“statutory services”—
(a)
in relation to England and Wales, means services under any arrangements which a local authority are required to make by virtue of any of the welfare enactments, and
(b)
in relation to Scotland, means services which a local authority find it necessary to provide themselves or by arrangement with another local authority, or with any voluntary or other body, in connection with the performance of the local authority’s functions under the welfare enactments;
F26...
“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;
“the welfare enactments” means F27... —
(za)
[F28in relation to England, [F29section 2 of the 1970 Act,] Part 3 of the Children Act 1989 and Part 1 of the Care Act 2014,]
(a)
in relation to F30... Wales, F30[F31... [F32Parts 4 and 6 of the Social Services and Well-being (Wales) Act 2014], and
(b)
in relation to Scotland, section 27 of the M8National Health Service (Scotland) Act 1947, the 1968 Act [F33, [F34sections 25 and 26 of the 2003 Act] and Chapter 1 of Part II of the Children (Scotland) Act 1995].

[F35(2)In this Act as it applies in relation to England, any reference to a child who is looked after by a local authority has the same meaning as in Part 3 of the Children Act 1989.

(2ZA)In this Act as it applies in relation to Wales, any reference to a child who is looked after by a local authority has the same meaning as in Part 6 of the Social Services and Well-being (Wales) Act 2014.]

[F36(2A)In this Act as it applies in relation to Scotland, any reference to a child who is looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.]]

Textual Amendments

F1S. 16: existing provisions renumbered as s. 16(1) (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 39(5)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F2Words in s. 16(1) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 90(a) (with Sch. 3 Pt. 1)

F3Words in s. 16 substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 17(5); and those same words expressed to be substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 4(3)(a); S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375, art. 2 and as amended by S.S.I. 2005/459, art. 2)