Disabled Persons (Northern Ireland) Act 1989

2 Rights of authorised representatives of disabled persons

(1) A Board shall permit the authorised representative of a disabled person, if requested by the disabled person—

(a) to act as the representative of the disabled person in connection with the provision of any personal social services for him, or

(b) to accompany the disabled person (otherwise than as his representative) to any meeting or interview held by or on behalf of the Board in connection with the provision of any such services for him.

(2) For the purpose of assisting the authorised representative of a disabled person to do any of the things mentioned in subsection (1)(a) and (b) a Board shall, if requested by the disabled person—

(a) supply to the authorised representative any information, and

(b) make available for his inspection any documents,

that the disabled person would be entitled to require the Board to supply to him or (as the case may be) to make available for his inspection.

(3) In relation to a disabled person whose authorised representative has been appointed by virtue of subsection (3) of section 1, subsections (1) and (2) above shall each have effect as follows—

(a) if the appointment was made by virtue of subsection (3)(a) of that section, the words “the parent of” shall be inserted after the words “if requested by”; and

(b) if the appointment was made by virtue of subsection (3)(b) or (c) of that section, the words “if requested by the disabled person” shall be omitted.

(4) A Board shall not be required by virtue of subsection (1) or (2)—

(a) to permit an authorised representative to be present at any meeting or interview or part of a meeting or interview, or

(b) to supply any information to an authorised representative or to make any documents available for the inspection of an authorised representative,

if the Board is satisfied that to do so would be likely to be harmful to the interests of the disabled person by whom or on whose behalf the representative has been appointed; and in determining that matter the Board shall have regard to any wishes expressed by the disabled person.

(5) Where a disabled person is residing—

(a) in hospital but not in special accommodation, or

(b) in residential accommodation provided under Articles 4(b) and 15 of the 1972 Order, or

(c) in accommodation provided in accordance with arrangements made by the Department under Article 36 of that Order, or

(d) in a home registered under Schedule 5 to that Order (homes for persons in need), or

(e) in any home, voluntary home or hostel referred to in Part VII of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 (accommodation for children in care) or in any premises in which he is boarded out under section 114(1)(a) of that Act or is under the control of another person by virtue of section 105(3) or 145(1) of that Act, or

(f) in a nursing home registered under Part I of the [1971 c. 32 (N.I.).] Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971, or

(g) at any place specified by a person having the guardianship of the disabled person under Part II of the Mental Health Order, or

(h) in accommodation provided by any educational establishment,

the disabled person’s authorised representative may at any reasonable time visit him there and interview him in private.

(6) The Department may, after consulting such bodies as appear to it to be appropriate, provide by order for any of the preceding provisions of this section to have effect (with such modifications as may be prescribed by the order) in relation to the provision by Boards of such health services as may be specified by the order.

(7) The Department of Education for Northern Ireland may, after consulting such bodies as appear to it to be appropriate, provide by order for any of subsections (1) to (5) to have effect (with such modifications as may be prescribed by the order) in relation to the provision by education and library boards of such services as may be specified by the order.

(8) The Department of the Environment for Northern Ireland may, after consulting such bodies as appear to it to be appropriate, provide by order for any of subsections (1) to (5) to have effect (with such modifications as may be prescribed by the order) in relation to the provision by the Northern Ireland Housing Executive and district councils of such services as may be specified by the order.

(9) An order under subsection (6), (7) or (8) may provide for regulations made under section 1 to have effect for the purposes of the order with such modifications as may be specified, and in that event the reference in subsection (1) of that section to regulations made under that section shall be read as a reference to any such regulations as they have effect in accordance with the order.