IE
S.I. No. 484/2011 - Disability Act 2005 (Code of Practice) (Declaration) Order 2011.
Table of Provisions (10)
Statutory Text (10 Articles)
1. With statutory responsibility for heritage sites that are monuments within the meaning of the National Monuments Acts
•
National Monument Service
Department of the Arts, Heritage and the Gaeltacht,
Custom House, Dublin 1
Tel. (01) 888 2000
www.archaeology.ie
and / or
•
Architectural Heritage Advisory Unit
Department of the Arts, Heritage and the Gaeltacht,
Custom House, Dublin 1
Tel. (01) 888 2000
www.ahg.gov.ie
http://www.buildingsofireland.ie/
2. For heritage sites that are nature reserves or national parks
•
National Parks and Wildlife Service
Department of the Arts, Heritage and the Gaeltacht
7 Ely Place, Dublin 2
Locall 1890 202 021
Tel. (01) 888 2000
Fax. (01) 888 3272
www.ahg.gov.ie
www.npws.ie
3. For heritage sites that are protected structures, proposed protected structures or located within an architectural conservation area
•
The relevant planning authority
4. 7 Interpretive information available on site
• Exhibitions for All: A Practical Guide to Designing Inclusive Exhibitions, National Museums of Scotland, 2006,
www.nms.ac.uk
• Another Eyesight: Multisensory Design in Context, Julia Ionides and Peter Howell, The Dog Rose Press, 2005,
www.dogrose-press.co.uk
• Talking Images Guide: Museums, galleries and heritage sites —improving access for blind and partially sighted people, RNIB, 2003.
www.rnib.org.uk
4.8 Programmes, meetings and events
• Accessible Information for All, Citizens Information Board, 2009, www.citizensinformationboard.ie
• Plain English Guidelines, National Adult Literacy Agency, 2005, www.nala.ie
• Arts Council Goals 2006 — 2010, Partnership for the Arts, Arts Council, 2005,
www.artscouncil.ie
4.9 Facilities
• Building for Everyone, National Disability Authority, 2002,
www.nda.ie
• NDA Access Handbook, National Disability Authority, 2006,
www.nda.ie
• Good Loo Design Guide, Centre for Accessible Environments and RIBA Enterprises, 2004,
www.cae.org.uk
• BS 8300: 2009, Design of buildings and their approaches to meet the needs of disabled people. Code of Practice, The British Standards Institution, 2009,
shop.bsigroup.com
4.10
Emergency egress
• Safe Evacuation For All, National Disability Authority, 2011,
www.nda.ie
• NDA Access Handbook, National Disability Authority, 2006,
www.nda.ie
• BS 8300: 2009, Design of buildings and their approaches to meet the needs of disabled people. Code of Practice, The British Standards Institution, 2009,
shop.bsigroup.com
• Architectural Heritage Protection: Guidelines for Planning Authorities, Dept of the Environment, Heritage and Local Government, 2004,
www.environ.ie
• The
Fire Services Act 1981
,
www.irishstatutebook.ie
• The Safety Health and Welfare at Work Act 2005,
www.irishstatutebook.ie
• The Safety Health and Welfare at Work (General Application) Regulations 2007,
www.irishstatutebook.ie
• The Building Control Acts 1990 and 2007,
www.environ.ie
• The Building Control Regulations 1997 to 2009,
www.environ.ie
• The Building Regulations 1997 to 2010 (specifically Part B and Part M),
www.environ.ie
Appendix 5: Further Information and Advice
For further information and advice on any aspect of this document please contact
The National Disability Authority
25 Clyde Road, Ballsbridge, Dublin 4, Ireland.
Tel. (01) 6080400
Fax. (01) 6609935
www.nda.ie
For further information on the Equal Status Acts 2000 to 2004, please contact
The Equality Authority
Public Information Centre, Birchgrove House, Roscrea, Co. Tipperary
Locall 1890 245 545
Fax. (0505) 22388
www.equality.ie
For further information on the provision of accessible information, please contact
Citizens Information Board
Ground Floor, Georges Quay House, 43 Townsend St., Dublin 2
Tel. (01) 605 9000
Fax. (01) 605 9099
www.citizensinformation.ie
GIVEN under my Official Seal,
23 September 2011.
ALAN SHATTER,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
This Order declares that the Code of Practice set out in the Schedule to this Order is an approved Code of Practice for the purposes of the
Disability Act 2005
.
5. Public body with responsibility for the management of historic properties in state ownership and of national monument sites on behalf of the Department of the Environment, Heritage and Local Government
•
Office of Public Works
Trim, Co. Meath
Locall 1890 213 414
Tel. (046) 942 6000
Fax. (046) 948 1793
www.opw.ie
Appendix 3: Accessible Formats
Please note that this Code is also available in the following formats
• Plain English;
• Easy-to-Read Summary;
• Large Print;
• Audio Tape, CD or audio file for download;
• Braille;
• Accessible HTML (Irish and English).
Appendix 4: Bibliography
4.1 Planning for Accessibility
• Building for Everyone, National Disability Authority, 2002,
www.nda.ie
• Guidelines for Access Auditing of the Built Environment, National Disability Authority, 2006,
• Code of Practice on Accessibility of Public Services and Information provided by Public Bodies, National Disability Authority, 2006,
www.nda.ie
• Access Audit Handbook, Centre for Accessible Environments, 2005,
www.cae.org.uk
• Museum and Art Galleries: Making Existing Buildings Accessible, Centre for Accessible Environments and Royal Institute of British Architects (RIBA), 2007,
www.cae.org.uk
• Guidelines for Universal Design of Exhibitions, Smithsonian Institute, 2000,
www.si.edu
4.2 Pre-visit Information
• IT Accessibility Guidelines, National Disability Authority, 2007,
www.nda.ie
• Web Content Accessibility Guidelines (WCAG), Web Accessibility Initiative (WAI),
www.w3.org/TR/WCAG
• Accessibility [A Process], National Property Board Sweden, 2004,
www.sfv.se/cms/english.html
4.3 Approach and entry
• Building for Everyone, National Disability Authority, 2002,
www.nda.ie
• Architectural Heritage Protection: Guidelines for Planning Authorities, Department of the Environment, Heritage and Local Government, 2004,
www.environ.ie
• BS 8300: 2009, Design of buildings and their approaches to meet the needs of disabled people. Code of Practice, The British Standards Institution, 2009,
shop.bsigroup.com
• Improving Access to Heritage Buildings- A practical guide to meeting the needs of people with disabilities, Australian Council of National Trusts, Australian Heritage Commission, 1999,
www.environment.gov.au/heritage/ahc/index.html
• Overcoming the Barriers: Providing Physical Access to Historic Buildings, Welsh Historic Monuments, Cadw, 2002,
www.cadw.wales.gov.uk
• Easy Access to Historic Buildings, English Heritage, 2004,
www.english-heritage.org.uk
4.4 Wayfinding
• See it Right: Making information accessible for people with sight problems, RNIB, 2006, www.rnib.org.uk
• RNIB Clear print guidelines, RNIB, 2006,
www.rnib.org.uk
• Talking Images Guide: Museums, galleries and heritage sites- improving access for blind and partially sighted people, RNIB, 2003,
www.rnib.org.uk
• Sign Design Guide: a guide to inclusive signage, The Sign Design Society, 2000,
www.signdesignsociety.co.uk
4.5 External landscape
• Making Connections: A guide to accessible green space, The Sensory Trust, R Price and J Stoneham, 2001,
www.sensorytrust.org.uk
• A Good Practice Guide to Countryside Access for Disabled People, Extended CD edition, Cupar: Fieldfare Trust, 2005,
www.fieldfare.org.uk
• Easy Access to Historic Landscapes, English Heritage, 2005,
www.english-heritage.org.uk
4.6 Circulation within buildings
• Building for Everyone, National Disability Authority, 2002,
www.nda.ie
• Architectural Heritage Protection: Guidelines for Planning Authorities, Dept of the Environment, Heritage and Local Government, 2004,
www.environ.ie
• Specifiers’ Handbook for Inclusive Design: Automatic Door Systems, Centre for Accessible Environments and RIBA Enterprises, 2005,
www.cae.org.uk
• Specifiers’ Handbook for Inclusive Design: Platform Lifts, Centre for Accessible Environments, 2005,
www.cae.org.uk
• Specifiers’ Handbook for Inclusive Design: Internal floor finishes, Centre for Accessible Environments and RIBA Enterprises, 2006,
www.cae.org.uk
• Designing for Accessibility, Centre for Accessible Environments, 2004,
www.cae.org.uk
29. —(1) (
a
) The head of a public body shall, as far as practicable, ensure that the whole or a part of a heritage site in its ownership, management or control to which the public has access is accessible to persons with disabilities and can be visited by them with ease and dignity.
(
b
) Paragraph (
a
) shall not apply if its application would—
(i) have a significant adverse effect on the conservation status of a species or habitat or the integrity of a heritage site, or
(ii) compromise the characteristics of the site.
(2) Nothing in this section shall be construed as authorising or requiring the adaptation or modification of any heritage site contrary to law.
(3) In this section “heritage site” includes—
(
a
) a monument within the meaning of the National Monuments Acts 1930 to 2004,
(
b
) a heritage building or a heritage garden or park within the meaning of the
Heritage Act 1995
,
(
c
) a protected structure or a proposed protected structure, with any attendant grounds, or an architectural conservation area, within the meaning in each case of the
Planning and Development Act 2000
,
(
d
) a nature reserve which is the subject of an establishment order within the meaning of the Wildlife Acts 1976 and 2000, and
(
e
) a national park owned by the State and under the management and control of the Minister for the Arts, Heritage and Local Government.
(4) This section shall come into operation on 31 December 2007.
Section 30. Codes of practice
30. — (1) The Minister may request the National Disability Authority (“the Authority”) to prepare and submit to him or her draft codes of practice for public bodies relating to the matters referred to in sections 26 to 29.
(2) In preparing a draft code of practice under subsection (1), the Authority shall consult with such other Ministers of the Government or other persons or bodies as the Authority considers appropriate or as the Minister may direct.
(3) The Minister may approve, refuse to approve or, after consultation with the Authority, amend a draft code of practice.
(4) If the Minister approves, or after the consultation aforesaid, amends a draft code of practice, he or she may by order declare that the draft or, as the case may be, the draft code of practice as amended as aforesaid is an approved code of practice for the purposes of this Act (“an approved code of practice”).
(5) The Minister may, after consultation with the Authority, by order revoke or amend an approved code of practice.
(6) Compliance by a public body with an approved code of practice shall be deemed to be compliance with the relevant provision of this Act.
Section 38. Complaints
38 — A person may by himself or through a person referred to in section 9(2) make a complaint in writing to the head of a public body in relation to the failure of the body to comply with section 25, 26, 27, 28, or 29 of this Act.
Section 39. Inquiry officers
39. — (1) The head of a public body may authorise such and so many officers of the body as he or she considers appropriate (referred to in this Act as “inquiry officers”) to perform the functions conferred on inquiry officers by this section.
(2) The head of a public body shall draw up procedures in relation to the making and investigation of complaints and such other matters relating to complaints as he or she considers appropriate and shall cause the procedures to be published.
(3) An inquiry officer shall be independent in the performance of his or her functions.
(4) Following the receipt of a complaint by the head of a public body under section 38, he or she shall refer the matter to an inquiry officer.
(5) When a complaint is referred to an inquiry officer under subsection (4), he or she shall (unless he or she is of opinion that it is frivolous or vexatious in which case he or she shall notify the public body and the complainant to that effect) investigate the complaint and prepare a report in writing of the results of his or her investigation and furnish a copy of it to the head of the public body concerned and to the person who made the complaint.
(6) A report under subsection (5) shall set out the findings of the inquiry officer concerned together with a determination in relation to the following matters, namely—
(
a
) in case the determination is that the complaint is not frivolous or vexatious, whether there has been a failure by the public body the subject of the complaint to comply with a provision referred to in section 38, and
(
b
) in case the determination is that there has been such a failure, the steps required to be taken by the public body concerned to comply with the provision concerned.
(7) An investigation by an inquiry officer under this Act shall be conducted otherwise than in public.
(8) In this section “complaint” means a complaint under section 38.
Section 40. Application of Ombudsman Act 1980
40. — Notwithstanding anything contained in the
Ombudsman Act 1980
, that Act shall apply to a determination of an inquiry officer or a decision of a complaints officer in relation to a sectoral plan with the following and any other necessary modifications as if it were an action taken by or on behalf of a Department of State
(
a
) in section 1, in subsection (1), the following shall be inserted after the definitions of “functions”
“ ‘head’, in relation to a public body, and ‘public body’, have the meanings assigned to them by the
Disability Act 2005
;”;
(
b
) in section 4, in subsection (2), the words from and including “(being an action taken in the performance of administrative functions)” to the end of the subsection and subsection (4) shall be deleted;
(
c
) in section 5, in subsection (1)(
a
), subparagraph (iii) shall be deleted;
(
d
) in section 6, the following subsection shall be substituted for subsection (3)
“(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that, by reason of a failure to comply with a provision of Part 3 of the
Disability Act 2005
or of a sectoral plan under that Part, the action adversely affected a person by or on whose behalf a complaint was made under section 38, or in accordance with the procedure for complaints provided for pursuant to section (31)(4)(
b
), of that Act or any other person and the Ombudsman considers that in all the circumstances he or she should do so, he or she may recommend to the head of the public body concerned or to any other person concerned—
(
a
) that the matter in relation to which the action was taken be further considered,
(
b
) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action,
or
(
c
) that the reasons for taking the action be given to the Ombudsman,
and, if the Ombudsman thinks fit to do so, he or she may request the head of the public body or that other person to notify him or her within a specified time of his or her response to the recommendation.”;
and
(
e
) in section 7, the following subsection shall be inserted after subsection (1)
“(1A)(
a
) An officer of the Ombudsman authorised in writing in that behalf by the Ombudsman may, for the purposes of a preliminary examination or an investigation under section 4 in relation to a public body or any other person concerned carried out by virtue of
section 40
of the
Disability Act 2005
—
(i) at all reasonable times enter any premises occupied by the body or other person aforesaid,
(ii) search the premises and any books, documents or other records found there by him or her,
(iii) require any person on the premises who is employed by the body or other person to give to him or her such information within his or her knowledge or procurement (including, in the case of such information in a non-legible form, a reproduction of it in a legible form), or such records as aforesaid in his or her possession or within his or her procurement, as he or she may reasonably require for the purposes aforesaid,
(iv) examine and take copies of, or of extracts from, any such records as aforesaid and remove and retain any such records for such period as may be reasonable for further examination,
(v) require any such person as aforesaid who has in his or her possession any such records to retain them for such reasonable period as he or she may direct, and
(vi) take on to the premises and use there a camera or other recording apparatus or any other equipment, for the purpose of facilitating the proof of any non-compliance with Part 3 of the
Disability Act 2005
found or suspected by the officer on the premises
(
b
) In paragraph (
a
), a ‘premises’ includes a structure or place and a vehicle, ship or other vessel and the reference to occupied in that paragraph shall be construed, in relation to a vehicle, ship or other vessel, as a reference to owned, used or operated.
(
c
) A person who—
(i) obstructs or impedes an officer of the Ombudsman while he or she is performing a function under this section,
(ii) fails or refuses to comply with a requirement under this section,
(iii) alters, disposes of or destroys any books, documents or other records which the person has been required under this section to give to such an officer or may reasonably expect to be required so to do, or
(iv) gives to such an officer information which is false or misleading in a material respect,
is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.
(
d
) When performing any of his or her functions under this subsection, an officer of the Ombudsman shall, if so requested by any person affected, produce to the person his or her authorisation under paragraph (
a
) or a copy of it”.
Appendix 2: Public bodies with statutory responsibility for the protection of heritage sites
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
30
th September
, 2011.
To be made by the Minister for Justice and Equality
WHEREAS, under
section 30
(1) of the
Disability Act 2005
(No. 14 of 2005), the National Disability Authority has, pursuant to a request made to it under that subsection, prepared a draft code of practice on accessible heritage sites; hereby makes the following Regulations
AND WHEREAS the National Disability Authority has complied with section 30(2) of that Act and has submitted the draft code of practice to the Minister for Justice and Equality;
NOW THEREFORE, I, Alan Shatter, T.D., Minister for Justice and Equality, in exercise of the powers conferred on me by subsection 30(4) of that Act (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 138 of 2011
)), hereby order as follows