http://www.legislation.gov.uk/ukpga/1989/10/section/3Disabled Persons (Northern Ireland) Act 1989An Act to make provision equivalent to the Disabled Persons (Services, Consultation and Representation) Act 1986 for Northern Ireland.1989-05-25texttext/xmlenStatute Law Database2024-05-17Expert Participation2022-04-01 31Where—aon any assessment carried out by a relevant authority in pursuance of any provision of this Act, orbon any other occasion,it falls to the relevant authority to decide whether the needs of a disabled person call for the provision of any personal social services for that person, the relevant authority shall afford an opportunity to the disabled person or his authorised representative to make, within such reasonable period as the relevant authority may allow for the purpose, representations to an officer of the relevant authority as to any needs of the disabled person calling for the provision of any such services for him.2Where—aeither—irepresentations have been made to a relevant authority under subsection (1), oriithe period mentioned in that subsection has expired without any representations being so made, andbthe relevant authority has reached a decision on the question referred to in that subsection (having taken into account any representations made as mentioned above),the relevant authority shall, if requested by the disabled person or his authorised representative, supply the person making the request with a written statement complying with subsection (3).3The written statement referred to in subsection (2) must—aeither specify—iany needs of the disabled person which in the opinion of the relevant authority call for the provision of any personal social services, andiiin the case of each such need, the personal social services that it proposes to provide to meet that need,or state that, in the opinion of the relevant authority, the disabled person has no needs calling for the provision of any such services; andbgive an explanation of the relevant authority’s decision; andccontain particulars of the right of the disabled person or his authorised representative to make representations with respect to the statement under subsection (5).4Where the relevant authority does not propose to provide any personal social services to meet a particular need identified in any representations under subsection (1), any statement supplied under subsection (2) must state that fact together with the reasons why the relevant authority does not propose to provide any such services.5If the disabled person or his authorised representative is dissatisfied with any matter included in the statement supplied under subsection (2), that person may, within such reasonable period as the relevant authority may allow for the purpose, make representations to an officer of the relevant authority with respect to that matter.6Where any such representations have been made to the relevant authority in accordance with subsection (5), the relevant authority shall—aconsider (or, as the case may be, reconsider) whether any, and (if so) what, personal social services should be provided for the disabled person to meet any need identified in the representations; andbinform the disabled person or his authorised representative in writing of its decision on that question and its reasons for that decision.7Where—athe disabled person or his authorised representative 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, orbboth of those persons are in that position (whether by reason of the same incapacity or not),the relevant authority shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not—iprevent the relevant authority from discharging its functions under this section in relation to the disabled person, oriiprevent the making of representations under this section by or on behalf of that person.8In determining—awhether it is required to provide any services under subsection (7) to meet any need of the disabled person or his authorised representative, andb(if so) what those services should be,the relevant authority shall have regard to any views expressed by either of those persons as to the necessity for any such services or (as appropriate) to any views so expressed as to the services which should be so provided.9In this section “representations” means representations made orally or in writing (or both).Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1Words in s. 3(3)(b) substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1