Office of Public Sector Information
(1) Where the Disability Rights Commission is satisfied that a public authority has failed to comply with, or is failing to comply with, a duty imposed on it by regulations under section 49D, the Commission may serve a notice on it.
(2) The following provisions of this section apply to a notice served on an authority under subsection (1).
(3) The notice shall require the authority—
(a) to comply with the duty concerned; and
(b) to furnish the Commission, by the end of the period of 28 days beginning with the day on which the notice is served, with details of the steps that it has taken, or is taking, to comply with the duty.
(4) The notice may also require the authority to furnish the Commission with other information specified in the notice if the Commission reasonably requires the information in order to verify that the duty has been complied with.
(5) The notice shall specify the time by which the authority is to furnish information which it is required to furnish under subsection (4).
(6) A time specified under subsection (5) shall not be later than the end of the three months beginning with the day on which the notice is served.
(7) The notice may specify the manner and form in which the authority is to furnish information which the notice requires it to furnish to the Commission.
(8) The notice shall not require the authority—
(a) to furnish information which it could not be compelled to furnish in evidence in civil proceedings before the High Court; or
(b) to furnish information which it could not be compelled to furnish in evidence in civil proceedings before the Court of Session.
(1) If—
(a) a public authority on which a notice has been served under section 49E fails to furnish the Disability Rights Commission, in accordance with the notice, with any information required by the notice, or
(b) the Commission has reasonable cause to believe that a public authority on which a notice has been served under section 49E does not intend to furnish the information required by the notice,
the Commission may apply to a county court or, in Scotland, the sheriff for an order requiring the authority to furnish any information required by the notice.
(2) If on an application under subsection (1) the court is satisfied that either of the conditions specified in paragraphs (a) and (b) of that subsection is met, the court may grant the order in the terms applied for or in more limited terms.
(3) If—
(a) the period of three months beginning with the day on which a notice is served on a public authority under section 49E has ended,
(b) the notice required the authority to comply with a duty imposed on it by regulations under section 49D, and
(c) the Commission considers that the authority has not complied with the duty,
the Commission may apply to a county court or, in Scotland, the sheriff for an order requiring the authority to comply with the duty.
(4) If on an application under subsection (3) the court is satisfied—
(a) that the conditions specified in paragraphs (a) and (b) of that subsection are met, and
(b) that the authority has not complied with the duty,
the court may grant the order in the terms applied for or in more limited terms.
(5) The sanctions in section 49E and this section shall be the only sanctions for breach of any duty imposed by regulations under section 49D, but without prejudice to the enforcement of any other provision of this Act (where the breach is also a contravention of that provision).”
(1) Section 64A of the 1995 Act (police) shall have effect with the following amendments.
(2) In subsections (3) to (5) (the bringing of, and compensation and costs in, proceedings against the police under Part 2), after “Part 2” (in each place) there is inserted “or 3”.
(3) In subsection (4) (bringing of proceedings under Part 2 which, by virtue of subsection (1), are to be brought against chief officer of police), for “subsection (1)” there is substituted “this section”.
In the 1995 Act, after section 21 there is inserted—
(1) Section 19(1) (a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—
(a) in not providing, or in providing, him with a vehicle; or
(b) in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.
(2) For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—
(a) to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;
(b) to have to take steps which would—
(i) affect whether vehicles are provided in the course of the service or what vehicles are so provided, or
(ii) where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.
(3) Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.
(4) In this section—
“transport service” means a service which (to any extent) involves transport of people by vehicle;
“vehicle” means a vehicle for transporting people by land, air or water, and includes (in particular)—
a vehicle not having wheels, and
a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;
“guided transport” has the same meaning as in the Transport and Works Act 1992.”
(1) In section 46 of the 1995 Act (rail vehicle accessibility regulations), before subsection (5) there is inserted—
“(4A) The Secretary of State shall exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1st January 2020 every rail vehicle is a regulated rail vehicle, but this does not affect the powers conferred by subsection (5) or section 47(1) or 67(2).”
(2) In that section, for the definition in subsection (6) of “rail vehicle” there is substituted—
““rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway, tramway or prescribed system;”.
(3) For section 47(1) of the 1995 Act (rail vehicle accessibility regulations: power to exempt use of vehicles of specified descriptions or in specified circumstances) there is substituted—
“(1) The Secretary of State may by order (an “exemption order”)—
(a) authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;
(b) authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.
(1A) Authority under subsection (1)(a) or (b) may be for—
(a) any regulated rail vehicle that is specified or is of a specified description; or
(b) use in specified circumstances of—
(i) any regulated rail vehicle, or
(ii) any regulated rail vehicle that is specified or is of a specified description.”
(4) In the 1995 Act, after section 67 there is inserted—
(1) Before the Secretary of State decides which of the parliamentary procedures available under section 67(5A) is to be adopted in connection with the making of any particular order under section 47(1), he must consult the Disabled Persons Transport Advisory Committee.
(2) An order under section 47(1) may be made without a draft of the instrument that contains it having been laid before, and approved by a resolution of, each House of Parliament only if—
(a) regulations under subsection (3) are in force; and
(b) the making of the order without such laying and approval is in accordance with the regulations.
(3) Regulations may set out the basis on which the Secretary of State, when he comes to make an order under section 47(1), will decide which of the parliamentary procedures available under section 67(5A) is to be adopted in connection with the making of the order.
(4) Before making regulations under subsection (3), the Secretary of State must consult—
(a) the Disabled Persons Transport Advisory Committee; and
(b) such other persons as he considers appropriate.”
(5) In the 1995 Act, after section 67A (which is inserted by subsection (4)) there is inserted—
(1) The Secretary of State must after each 31st December prepare, in respect of the year that ended with that day, a report on—
(a) the exercise in that year of the power to make orders under section 47(1); and
(b) the exercise in that year of the discretion under section 67(5A).
(2) A report under subsection (1) must (in particular) contain—
(a) details of each order made under section 47(1) in the year in respect of which the report is made; and
(b) details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1).
(3) The Secretary of State must lay before each House of Parliament each report that he prepares under this section.”
(1) In the 1995 Act, after section 47 there is inserted—
(1) A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.
(2) Subsection (1) applies to a regulated rail vehicle if the vehicle—
(a) is prescribed; or
(b) is of a prescribed class or description.
(3) A rail vehicle accessibility compliance certificate is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
(4) A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.
(5) Subsection (6) applies where—
(a) the Secretary of State refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and
(b) before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 47C.
(6) The Secretary of State shall—
(a) review the decision; and
(b) in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.
(1) Regulations may make provision with respect to rail vehicle accessibility compliance certificates.
(2) The provision that may be made under subsection (1) includes (in particular)—
(a) provision for certificates to be issued on application;
(b) provision specifying conditions to which certificates are subject;
(c) provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;
(d) provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;
(e) provision for the withdrawal of certificates issued in error;
(f) provision for the correction of errors in certificates;
(g) provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;
(h) provision for the examination of a rail vehicle before a certificate is issued in respect of it.
(3) In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—
(a) make provision as to the persons by whom applications may be made;
(b) make provision as to the form in which applications are to be made;
(c) make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.
(4) For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
(5) In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Secretary of State to carry out compliance assessments (an “appointed assessor”).
(6) For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—
(a) may make provision about appointments of appointed assessors, including (in particular)—
(i) provision for an appointment to be on application or otherwise than on application;
(ii) provision as to who may be appointed;
(iii) provision as to the form of applications for appointment;
(iv) provision as to information to be supplied with applications for appointment;
(v) provision as to terms and conditions, or the period or termination, of an appointment; and
(vi) provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Secretary of State when making the appointment;
(b) may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—
(i) provision restricting the amount of a fee;
(ii) provision authorising fees that contain a profit element; and
(iii) provision for advance payment of fees;
(c) may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;
(d) shall make provision for the referral to the Secretary of State of disputes between—
(i) an appointed assessor carrying out a compliance assessment, and
(ii) the person who requested the assessment,
relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.
(7) In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).
(1) Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—
(a) applications for, and the issue of, rail vehicle accessibility compliance certificates;
(b) copies of such certificates;
(c) reviews under section 47A;
(d) referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).
(2) Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.
(3) Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.
(4) Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.”
(2) In section 49 of the 1995 Act (forgery and false statements)—
(a) in subsection (1) (“relevant documents”), after paragraph (d) there is inserted “; or
(e) a rail vehicle accessibility compliance certificate.”, and
(b) in subsection (4) (false statements), for “or an approval certificate” there is substituted “, an approval certificate or a rail vehicle accessibility compliance certificate”.
(3) In section 68(1) of the 1995 Act (interpretation), before the definition of “rail vehicle accessibility regulations” there is inserted—
““rail vehicle accessibility compliance certificate” has the meaning given in section 47A(3);”.
(1) In the 1995 Act, after section 47C (which is inserted by section 7 of this Act) there is inserted—
If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty.
(1) Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—
(a) identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and
(b) specifying the improvement deadline.
(2) The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
(3) Subsection (4) applies where—
(a) the Secretary of State has given a notice under subsection (1);
(b) the improvement deadline specified in the notice has passed; and
(c) it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice.
(4) The Secretary of State may give to the operator a further notice—
(a) identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and
(b) specifying the final deadline.
(5) The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
(6) If—
(a) the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, and
(b) the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,
the Secretary of State may require the operator to pay a penalty.
(1) Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—
(a) identifying the provision and how it was breached;
(b) identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and
(c) specifying the improvement deadline.
(2) The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
(3) Subsection (4) applies where—
(a) the Secretary of State has given a notice under subsection (1);
(b) the improvement deadline specified in the notice has passed; and
(c) it appears to the Secretary of State that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.
(4) The Secretary of State may give to the operator a further notice—
(a) identifying the provision and how it was breached;
(b) identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and
(c) specifying the final deadline.
(5) The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
(6) If—
(a) the Secretary of State has given a notice under subsection (4), and
(b) a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,
the Secretary of State may require the operator of the vehicle to pay a penalty.
(7) For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.
(1) Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State—
(a) may inspect the vehicle for conformity with the provisions;
(b) for the purpose of exercising his power under paragraph (a)—
(i) may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and
(ii) may enter the vehicle; and
(c) for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.
(2) Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State—
(a) may inspect the vehicle concerned for conformity with the provision specified in the notice;
(b) for the purpose of exercising his power under paragraph (a)—
(i) may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and
(ii) may enter the vehicle; and
(c) for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.
(3) A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.
(4) Where a person obstructs the exercise of power under subsection (1), the Secretary of State may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.
(5) Where—
(a) a person obstructs the exercise of power under subsection (2), and
(b) the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,
the Secretary of State may treat section 47E(3)(c) as satisfied in the case concerned.
(6) Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs—
(a) after a notice under section 47E(4) has been given in respect of the vehicle concerned, and
(b) as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,
the Secretary of State may require the operator of the vehicle to pay a penalty.
(7) In this section “inspect” includes test.
(1) For the purposes of section 47E, the Secretary of State may give notice to a person requiring the person to supply the Secretary of State, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—
(a) of which that person is the operator; and
(b) which is described in the notice.
(2) The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.
(3) If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Secretary of State may require the person to pay a penalty.
(4) Where the Secretary of State has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), the Secretary of State may request that person to supply the Secretary of State, by a time specified in the request, with a statement detailing the steps taken in response to the notice.
(5) The time specified in a request under subsection (4) must—
(a) if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and
(b) if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.
(6) Where a request under subsection (4)—
(a) relates to a notice under section 47E(1) or 47F(1), and
(b) is not complied with by the time specified in the request,
the Secretary of State may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.
Disability Discrimination Act 2005