Chronically Sick and Disabled Persons Act 1970

Chronically Sick and Disabled Persons Act 1970
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make further provision with respect to the welfare of chronically sick and disabled persons; and for connected purposes.
Citation1970 c. 44
Introduced byAlf Morris (Commons)
Territorial extent England and Wales, Scotland[1]
Dates
Royal assent29 May 1970
Commencement1 October 1972[2][3]
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Chronically Sick and Disabled Persons Act 1970 (c. 44) is an act of Parliament of the United Kingdom which makes provision with respect to the welfare of chronically sick and disabled persons. The Act, often shortened to ′CSDPA',[4] was given royal assent on 29 May 1970.[5]

The legislation was introduced as a Private Member's Bill by Alf Morris after he gained first place in a ballot held on 6 November 1969. From some 550 contenders, Alf Morris was afforded the opportunity to introduce his Chronically Sick and Disabled Persons Bill.[6]

The provisions of the Act are wide-ranging and place a legal obligation on local authorities to make arrangements in relation to access for disabled people to public buildings, such as libraries. Section 2 of the Act makes specific provision for welfare services such as the provision of meals in the home or somewhere else; the provision (or assistance to obtain) a radio and television, a library and other recreational services; for assistance with obtaining travel to and from home; for assistance with adaptations to the home; for the installation of telephones or special equipment necessary to enable the use of a telephone; for the provision of vehicles.[7]

Effect of case law

There have been a number of legal cases which have brought about a body of caselaw which should be taken into account when considering the meaning and scope of this Act.

R v Gloucestershire CC Ex p. Barry (1997) allowed an appeal by Gloucestershire County Council of the Court of Appeal's decision that the local authority could not take into account the available financial resources in establishing need and that this could not be assessed in the absence of some consideration as to the potential financial expenditure involved in addressing the need.[8] However, a more recent ruling from the House of Lords in R v East Sussex County Council, ex p. Tandy [1998] has narrowed the reach of the ruling in Barry confining it to the CSDPA 1970 and not the duties under Section 21 of the National Assistance Act 1948.[9]

See also

  • Alf Morris, British Labour Co-operative politician and disability campaigner who introduced the Bill.
  • Mary Greaves, then head of the Disablement Income Group, who helped secure the passage of the Bill[10]

References

  1. ^ Chronically Sick and Disabled Persons Act 1970, section 29 (3)
  2. ^ "Chronically Sick and Disabled Persons Act 1970". legislation.gov.uk. 29 May 1970. Retrieved 4 May 2020. Commencement Information: 1 Act not in force at royal assent see s. 29(4); Act wholly in force 1.10.1972.
  3. ^ "Chronically Sick and Disabled Persons Act 1970". legislation.gov.uk. 29 May 1970. Retrieved 4 May 2020. Section 29 (4) This Act shall come into force as follows:- (a) sections 1 and 21 shall come into force on the day appointed thereunder; (b) sections 4, 5, 6, 7 and 8 shall come into force at the expiration of six months beginning with the date this Act is passed; (c) the remainder shall come into force at the expiration of three months beginning with that date.
  4. ^ Mandelstam, Michael (2002). Manual Handling in Health and Social Care: An A–Z of Law and Practice. London: Jessica Kingsley Publishers. p. 95. ISBN 184310041X.
  5. ^ Mr. Speaker, (in the Clerk's place at the Table) (29 May 1970). "Royal Assent". Parliamentary Debates (Hansard). Vol. 801. United Kingdom Parliament: House of Commons. col. 2130–2131.
  6. ^ Kinrade, Derek (September 2006). Alf Morris: People′s Parliamentarian – Scenes from the Life of Lord Morris of Manchester. London: National Information Forum. pp. 76, 155–6. ISBN 9780955751509. ...Alf discovered that he had won first place in the ballot. He began at once to sketch out in an old address book his first thoughts for what was to become the Chronically Sick and Disabled Persons Bill.
  7. ^ "3.8.4 Chronically Sick and Disabled Person's Act 1970 for Disabled Children". Nottingham City Council Procedures Manual. Retrieved 5 May 2020.
  8. ^ Barry, R (on the Application of) v. Gloucestershire C.C. & Anor [1997] UKHL 58, (1997-98) 1 CCL Rep 40, (1997) 36 BMLR 92, [1997] AC 584, [1997] UKHL 58, [1997] 2 WLR 459, (1997) 9 Admin LR 209, [1997] 2 All ER 1 (1997), House of Lords (UK)
  9. ^ T (A Minor), Re [1998] UKHL 20, (1998) 42 BMLR 173, [1998] Ed CR 206, (1998) 10 Admin LR 453, [1998] UKHL 20, [1998] AC 714, [1998] ELR 251, [1998] 2 WLR 884, [1998] 2 All ER 769, (1997-98) 1 CCL Rep 352, [1998] 2 FCR 221 (1998), House of Lords (UK)
  10. ^ "Miss Mary Greaves". The Times. 18 January 1983. p. 16.