HC Deb 10 July 1981 vol 8 cc753-4

Lords amendment: No. 13, after clause 3, insert ("A. The following subsections shall be inserted after subsection (10) of section 20 of the Local Government (Miscellaneous Provisions) Act 1976 (provision of sanitary appliances at places of entertainment)— (11) A notice under this section shall draw the attention of the person on whom it is served—

  1. (a) to sections 6(1) and 7 of the Chronically Sick and Disabled Persons Act 1970; and
  2. (b) to the code of practice for Access for the Disabled to Buildings.
(12) In subsection (11) of this section "the code of practice for Access for the Disabled to Buildings" means, subject to subsection (13) of this section, the British Standards Institution code of practice referred to as BS.5810: 1979. (13) Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define certain expressions for the purposes of provisions of that Act) shall have effect as if any reference in it to a provision of that Act included a reference to this section.".

Mr. Wigley

I beg to move, That this House doth agree with the Lords in the said amendment.

The clause is an important addition to the Bill. In language that we can understand, its title means the ability of disabled people to go to the toilet at places of entertainment.

Over the years we have heard of the difficulties that disabled people have experienced over the toilet arrangements in places of entertainment—theatres, cinemas, and so on. There has been a strong feeling that there should be progress on the matter. I am delighted that it has been possible to introduce an amendment that goes some way towards meeting this requirement.

We are dealing with new provisions affecting new buildings. There is a backlog of old buildings that would be difficult to alter in all the ways that we would wish.

The clause introduces the British Standards Institution code of practice, BS.5810, into the context of sanitary appliances in places of entertainment. I hope that it will mean the dawn of a new era, and that from now on disabled people will no longer experience the difficulties that they have had in the past from the absence of such facilities.

Mr. Rossi

I am grateful to the hon. Gentleman for being so kind about the amendment, which was a Government amendment.

Under section 20 of the Local Government (Miscellaneous Provisions) Act 1976, local authorities in England and Wales can if need be serve notices on those responsible for premises such as places of entertainment, hotels, public houses and restaurants, requiring the adequate provision of sanitary conveniences for use by members of the public. Persons served with such notices have an additional duty, under sections 6(1) and 7 of the Chronically Sick and Disabled Persons Act 1970, to ensure that this provision includes and signposts facilities for the disabled, in so far as that it is practicable and reasonable. A notice could itself stipulate these facilities, but otherwise it is at present left to those on whom notices are served to appraise themselves of their duty under the 1970 Act.

The new clause would strengthen section 20 of the 1976 Act, by requiring that notices served under it must postively draw attention to the additional duty under the 1970 Act, and also to the British Standards Institution code of practice for access for the disabled to buildings. That code of practice includes recommendations on the layout and fitment of lavatory facilities for the disabled.

As the 1976 Act extends only to England and Wales, this new clause amending it has equal application. Existing powers under section 24 of the Building (Scotland) Act 1959 will enable my right hon. Friend the Secretary of State for Scotland to prescribe that orders served by local authorities on owners of existing buildings in Scotland must also draw attention to the 1970 Act and the BSI code of practice.

Question put and agreed to.

Forward to