Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795745211.pdf (Jamaica)
1 THE DISABILITIES ACT THE DISABILITIES REGULATIONS, 2021 In exercise of the power conferred on the Minister by section 46 of the Disabilities Act, the following Regulations are hereby made:— Citation.

Interpreta- tion.

1.

These Regulations may be cited as the Disabilities Regulations, 2021.

2.
2.

In these Regulations— “applicant” means a person with a disability or a caregiver, who submits an application to be entered in the Register kept under regulation 9; “Certificate” means a Certificate of Registration issued pursuant to regulation 3(2) or (4); “Register” means the Confidential Register kept under regulation 9.

Application for registra- tion.

Schedule, Form 1.


3.—(1) For the purposes of section 14 of the Act, an application for registration of a person with a disability shall be made in the form set out as Form 1 of the Schedule, accompanied by such charge in respect thereof as may be imposed under the Act.

(2) A person with a disability who, prior to the appointed day, was registered with the Jamaica Council for Persons with Disabilities (as 2 Form 2.

Form 3.
Form 3.

Form 4. unincorporated) shall submit an application in the form prescribed as Form 2 of the Schedule and on receipt of the application the Council shall— (a) (b) issue a Certificate of Registration in the name of the person with a disability, in the form set out as Form 3 of the Schedule; and enter the particulars, of the person with a disability, in the Register kept pursuant to regulation 9.
(3) An application made under paragraph (1) shall be submitted to the Council, accompanied by a report completed in all relevant respects in the form set out as Form 4 of the Schedule and signed by a registered medical practitioner or a specialist trained in diagnosing or treating the disability concerned.
(4) The Council shall review the application submitted under paragraph (1) within thirty days after the date of submission (or if such review cannot practicably be completed within that time, then within such time as is reasonably practicable), and where satisfied that the person in whose name the application is made is a person with a disability— Schedule, Form 3.
(a) issue a Certificate of Registration in the name of the person, in the form set out as Form 3 of the Schedule; and (b) enter, in respect of the person, the particulars prescribed under regulation 9(3), in the Register.

(5) Where upon the review of an application made under this regulation, the Council is not satisfied that the person in whose name the application is made is a person with a disability, the Council shall refuse to approve the application.
(6) Where the Council decides to refuse approval of an application under paragraph (1), the Council shall inform the applicant, by notice in writing, and in appropriately accessible format if the case so requires, including the reason for the refusal.

(7) The Council shall send the notice referred to in paragraph (6) to the applicant, within fourteen days after the decision.
4.—(1) The applicant concerned may apply to the Minister for review of a decision of the Council— (a) (b) (c) to refuse approval of an application under regulation 3(1); not to renew a Certificate on an application under regulation 6; or under regulation 8, to revoke a Certificate.

Review of decision of Council.


3 (2) An application under paragraph (1) shall— (a) be supported by reasons as to why, as the case may require— (i) the person with a disability in whose name the application was made shall be so registered; (ii) the Certificate should be renewed; or (iii) the Certificate should not be revoked; and (b) be made within twenty-one days after the date of the service, on the applicant, of the notice of the decision.
(3) A review for the purposes of paragraph (1) shall be conducted by a panel appointed by the Minister, comprising the following members— (a) a representative of an organization relating to the disability concerned; (b) a registered medical practitioner, or a specialist trained in diagnosing and treating the disability concerned; and (c) a representative of the Ministry with responsibility for health, nominated by the Permanent Secretary in that Ministry.
(4) The review upon an application under paragraph (1) shall be completed within sixty days after the Minister receives the application (or if the review cannot practicably be completed within that time, within such longer time as is reasonably practicable), and— (a) (b) the panel shall forthwith communicate its decision in writing to the Council; and the Council shall within ten days after receiving the panel’s decision (excluding Saturdays, Sundays and public holidays) serve a copy of the decision upon the applicant.
(5) Where the decision communicated under paragraph (4)(a) is that- (a) (b) (c) the application for registration should be approved, the Council shall enter the particulars of the person with a disability in the Register and issue a Certificate, in accordance with regulation 3(4); the Certificate should be renewed, the Council shall renew the Certificate, in accordance with regulation 6; or the Certificate should not be revoked, the Council shall restore the Certificate (and, for the avoidance of doubt, the period of validity of a restored Certificate shall be five years from the date on which the Certificate was originally issued).
Validity of Certificate.

5.—(1) Subject to paragraph (2), the Certificate issued under regulation 3, shall be valid for the period of five years after the date of issue, unless revoked in accordance with regulation 8.

Renewal of Certificate.

Schedule, Forms 2 and 4.

4 (2) A certificate issued to a person with disability under these Regulations shall cease to be valid on the date of death of the person with a disability.
6.—(1) An application for renewal of a Certificate shall be— (a) made to the Council, not less than sixty days before the expiration of the Certificate and not more than six months after the date of expiration of the Certificate, in the form set out as Form 2 of the Schedule; and (b) accompanied by such charge in respect thereof as may be imposed under the Act.
(2) Where an application is made for the renewal of a Certificate and the person— (a) (b) remains a person with a disability; and has been diagnosed, with a new disability, the applicant shall give details of the new disability in the application for renewal and submit in respect thereof a report in the form set out as Form 4 of the Schedule, signed by a registered medical practitioner or a specialist trained in diagnosing or treating the disability concerned.
(3) The Council shall, within thirty days after receiving an application made under this regulation for renewal of the Certificate, review the application and if the Council— (a) is satisfied that the person who was issued the Certificate remains a person with a disability or has acquired a new disability, the Council shall— (i) (ii) (iii) approve the application in the name of the person with the disability; issue a new Certificate, in the Form set out as Form 3 of the Schedule; and in the case of the acquisition of a new disability, shall ensure that the Certificate reflects the new disability; or (b) is not satisfied that the person who was issued the Certificate is a person with a disability (whether the same disability which formed the basis for the issue of the Certificate or a new disability), the Council shall— (i) refuse the application; and 5 (ii) within fourteen days after the date of that refusal, inform the applicant of the refusal, in writing, and in an appropriately accessible format if the case so requires, giving the reason for the refusal.
(4) Where an application for renewal is not made within the time referred to in paragraph (1) and the person in whose name the Certificate is issued requires a new Certificate, the person shall make a new application in accordance with regulation 3(1).

Notification of secondary or subsequent disability.

7.
A person with a disability who is registered under this Act, or that person’s caregiver, shall notify the Council in writing of any secondary or subsequent disability acquired by that person, or confirmed in respect of that person, after the date of registration or renewal of the Certificate, and the person with a disability or the caregiver (as the case may be) shall provide information as to— (a) (b) (c) the date or approximate date the second or subsequent disability was acquired or confirmed (whichever applies); the nature of the disability; and the type of disability.
Revocation of Certifi- cate.

8.—(1) A Certificate shall be revoked by the Council if the Council reasonably believes that the application for registration, or any information submitted to the Council in support thereof, is false or misleading in any material particular.

(2) Within fourteen days after deciding to revoke a Certificate, the Council shall notify the applicant in writing in an appropriately accessible format, of the decision, and such notice shall state the reason for the revocation.
Confidential Register.

9.—(1) There shall be kept a Register to be known as the Confidential Register in which shall be entered the particulars in relation to a person with a disability issued a certificate under these Regulations.
(2) Subject to the provisions of this regulation, the Register shall be kept in the form determined by the Council (which may include electronic form), and the contents thereof shall be kept confidential and shall be accessible only by— (a) (b) the Executive Director; and such other persons employed by the Council in the administration of the Disabilities Act and authorised by the Executive Director to access the Register.
(3) The particulars referred to in paragraph (1) in relation to a person with a disability shall include— (a) name; 6 (b) (c) (d) (e) address; date of birth; nationality; sex; (f) marital status; (g) (h) (i) (j) (k) (1) (m) (n) (o) (p) the date or approximate date the disability was acquired; the type of disability including— (i) (ii) blindness; deafness; (iii) hard of hearing; (iv) physical disability; (v) mental illness; (vi) intellectual disability (vii) developmental disability; (viii) speech; and (ix) visual impairment; the nature of the disability; the date or approximate date of any secondary or subsequent disability acquired or confirmed after the date of registration; the nature of the secondary or subsequent disability; the type of the secondary or subsequent disability; information relating to the current education level or the education level which has been attained by the person with a disability; information relating to any changes to the education level of the person with a disability; the employment history of the person with a disability; the name and other particulars of the caregiver including the caregiver’s address, the caregiver’s relationship to the person with a disability, training of the caregiver if applicable; (q) any changes to the particulars provided in respect of the person who is the caregiver of the person with a disability; (r) the date of registration under this Act; 7 (s) the date of migration of a person with a disability who is registered under this Act to another jurisdiction.
(4) In this regulation, the nature of a disability refers to— (a) (b) in the case of a congenital disability, a condition present at birth; or in the case of an acquired disability, a condition developed during the lifetime of the person with a disability.
(5) In this regulation, “developmental disability” means a group of conditions occurring during the developmental period of childhood, which lasts throughout the person’s life, and manifests in one or more of the following impairments— (a) (b) (c) (d) physical; learning; language; or behavioural.
(6) A person who is or has been employed by the Council shall not disclose any matter contained in the Register, except as required under, or for the due administration of, the Disabilities Act or as provided for under any other law.

(7) A person who contravenes paragraph (6) commits an offence and shall be liable, on conviction therefor before a Judge of a Parish Court, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months.

10.
10.

The Council may alter or correct any entry in the Register— (a) where the Council verifies that the entry was incorrectly made; or (b) in circumstances where information is received from the person with a disability or the caregiver as to the status of the person with a disability, subsequent to the particulars being entered in the Register.

Alteration and correction to Register.

Council shall implement procedures to keep Register up-to-date.
11.—(1) The Council shall implement appropriate procedures for ensuring the information contained in the Register is up-to-date.

(2) Where the Council is satisfied that a person with a disability has acquired a new disability, the Council shall update the Register accordingly.
8 (3) The Council shall remove from the Register the particulars of a person with a disability— (a) where a decision has been made— (i) (ii) to revoke the Certificate; or not to renew the Certificate; (b) who is deceased; or (c) for any other reason determined by the Council.

Certificate lost, stolen or destroyed.


12.—(1) Where a person with a disability who was issued a Certificate proves to the satisfaction of the Council that the Certificate so issued (“the original certificate”) was lost, stolen or destroyed, the Council shall issue a new Certificate upon the payment of the charge imposed under section 6(2)(c) of the Act.

Lessee may request permission to alter premises.

Schedule, Part A, Form 5.

Part B, Form 5.

Service of documents.


(2) A certificate issued under paragraph (1) shall be valid from the date of issue of the original certificate.

13.—(1) A lessee of premises, who intends to make alterations to those premises, shall make a request to the lessor in accordance with section 38(1) of the Act, and shall do so in the form prescribed as Part A of Form 5 of the Schedule.
(2) In support of a request under paragraph (1), the lessee shall submit a drawing, plan, diagram, specification or other document, which delineates the proposed alterations to the leased premises.
(3) The drawing, plan, diagram, specification or other document submitted in support of a request under paragraph (1), shall be prepared and signed by a building practitioner approved under the Building Act, or any other person duly registered, licensed or otherwise authorised to prepare the same under any other law or enactment.
(4) Where the lessor of premises receives a written request in accordance with this regulation, the lessor shall communicate consent or refusal, of the request, in the form set out as Part B of Form 5 of the Schedule.
14.—(1) A notice served pursuant to section 42 of the Act shall be transmitted— (a) (b) by post to the person’s last known place of business or abode; by facsimile or any other mode of electronic transmission to, respectively, the person’s last known facsimile number or electronic mailing address; 9 (c) in the case of a body or association of persons, to that body or association at its registered or principal office.
(2) Service under this regulation shall be deemed effected— (a) within twenty-four hours after transmission by facsimile or other electronic mode; or (b) within five days after the date of posting.

Fees.

15.

Before imposing any charges pursuant to section 6(2)(c) of the Act, the Council shall cause a notice of the charges to be published in the Gazette.

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Dated this day of , 2021.


KARL SAMUDA Minister of Labour and Social Security PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD., (GOVERNMENT PRINTERS), DUKE STREET, KINGSTON, JAMAICA