Joint Committee on Statutory Instruments Second Report


Memorandum by the Department of the Environment, Transport and the Regions


The Committee has asked the Department to submit a memorandum on the following point:

In the new Part M (Access and Facilities for Disabled People), please explain in what circumstances the exception to regulation by Part M4 for dwellings applies given that the buildings subject to regulation by Part M4 are ones which contain audience or spectator seating.

Whilst the circumstances in which regulation Part M4 might apply to dwellings are, as the Committee implies, comparatively rare, audience or spectator seating is not entirely unknown in dwellings. This includes audience seating in a lounge, including a residents' or communal lounge, audience seating in a private cinema which forms part of a dwelling, and spectator seating around a swimming pool which may be incorporated into, and form part of, a dwelling. Regulation Part M4 is not intended to apply in such situations, and the Regulations therefore contain an appropriate exclusion.

23rd November 1998

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