Disabled Persons (Services, Consultation and Representation) Act 1986

16 Interpretation. E+W+S

In this Act—

• “the 1948 Act” M1 means National Assistance Act 1948;

• “the 1968 Act” means the M2 Social Work (Scotland) Act 1968;

• “the 1970 Act” means the M3 Chronically Sick and Disabled Persons Act 1970;

• “the 1977 Act” means the M4 National Health Service Act 1977;

• “the 1978 Act” means the M5 National Health Service (Scotland) Act 1978;

• “the M6 1980 Act” means the Education (Scotland) Act 1980;

• “the 1983 Act” means the M7 Mental Health Act 1983;

• “the 1984 Act” means the M8 Mental Health (Scotland) Act 1984;

• “authorised representative” has the meaning given by section 1(1) above;

• “disabled person”—

  (a)

  in relation to England and Wales, [F1 means—

  (i)

  in the case of a person aged eighteen or over, a person to whom section 29 of the 1948 Act applies, and

  (ii)

  in the case of a person under the age of eighteen, a person who is disabled within the meaning of Part III of the Children Act 1989]; and

  (b)

  in relation to Scotland, means—

  (i)

  a chronically sick or disabled person, or

  (ii)

  a person suffering from mental disorder,

  (being a person in need) to whom section 12 of the 1968 Act applies;

• “guardian” (except in section 1(6))—

  (a)

  [F2 in 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)

  [F3 in relation to Scotland, means a person ap pointed by deed or will or by order of a court of competent jurisdiction to be the [F4 tutor, curator or]] guardian of a child;

• [F5 “Health Authority” means a Health Authority established under section 8 of the 1977 Act;]

• “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 the 1977 Act, or

  (ii)

  any accommodation provided by any person pursuant to arrangements made under section 23(1) of that Act (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 M9 Local Authority Social Services Act 1970 or, so long as an order under section 12 of that Act is in force, the Council of the Isles of Scilly; and

  (b)

  in relation to Scotland, means a [F6 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] on whom functions are imposed by section 1[F7 , as read with section 2,] of the 1968 Act [F8 or any of the enactments mentioned in section 5(1B) of that Act];

• “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 section 1(2) of the 1984 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;

• [F9 “parental responsibility” has the same meaning as in the Children Act 1989;]

• “services” includes facilities;

• [F10 “Special Health Authority” means a Special Health Authority established under section 11 of the 1977 Act;]

• “special hospital” means a special hospital within the meaning of the 1977 Act;

• “State hospital” means a State hospital within the meaning of the 1984 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;

• “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 Part III of the 1948 Act, section 2 of the 1970 Act and—

  (a)

  in relation to England and Wales, Schedule 8 to the 1977 Act [F11 and Part III of the Children Act 1989], and

  (b)

  in relation to Scotland, section 27 of the M10 National Health Service (Scotland) Act 1947, the 1968 Act and sections 7 and 8 of the 1984 Act.

[F12 (2) In this Act any reference to a child who is looked after by a local authority has the same meaning as in the Children Act 1989.]

Textual Amendments

F1 Words in s. 16 substituted (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 61(1) (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F2 Words in s. 16, in the definition of “guardian”, para. (a) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F3 S. 16: in definition of “guardian” para.(b) repealed (S.) (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 39(5)(b), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table

F4 Words in s. 16 repealed (S.) (25.9.1991) by 1991 c. 50, ss. 10(2), 11(2), Sch. 2 (with s. 1(3)).

F5 Definition in s. 16 inserted (28.6.1995 for certain purposes only and 1.4.1996 otherwise) by 1995 c. 17, ss. 2, 8, Sch. 1 Pt. III para. 111(4)(a) (with Sch. 2 paras. 6, 16)

F6 Words in s. 16 substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 148(3)(a); S.I. 1996/323, art. 4(1)(c)

F7 Words in s. 16 repealed (S.) (1.4.1996) by 1994 c. 39, ss. 180(1)(2), Sch. 13 para. 148(3)(b), Sch. 14; S.I. 1996/323, art. 4(1)(d)

F8 Words in s. 16 inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 148(3)(c); S.I. 1996/323, art. 4(1)(c)

F9 Definition inserted (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 61(2) (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F10 Definition in s. 16 inserted (28.6.1995 for certain purposes only and 1.4.1996 otherwise) by 1995 c. 17, ss. 2, 8, Sch. 1 Pt. III para. 111(4)(b) (with Sch. 2 paras. 6, 16)

F11 Words in s. 16 inserted (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 61(3) (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F12 S. 16(2) added (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 61(4) (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1948 c. 29.

M2 1968 c. 49.

M3 1970 c. 44.

M4 1977 c. 49.

M5 1978 c. 29.

M6 1980 c. 44.

M7 1983 c. 20.

M8 1984 c. 36.

M9 1970 c. 42.

M10 1947 c. 27.