Office of Public Sector Information
(1) In this section “penalty” means a penalty under any of sections 47D to 47H.
(2) The amount of a penalty—
(a) must not exceed the maximum prescribed for the purposes of this subsection; and
(b) must not exceed 10 per cent of the turnover of the person on whom it is imposed.
(3) For the purposes of subsection (2)(b), a person’s turnover shall be determined in accordance with regulations.
(4) A penalty must be paid to the Secretary of State before the end of the prescribed period.
(5) Any sum payable to the Secretary of State as a penalty may be recovered by the Secretary of State as a debt due to him.
(6) In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—
(a) liability to the imposition of the penalty; or
(b) its amount.
(7) Any sum paid to the Secretary of State as a penalty shall be paid by him into the Consolidated Fund.
(8) The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.
(9) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.
(10) Before issuing the first or a revised version of the code, the Secretary of State shall lay a draft of that version before Parliament.
(11) After laying the draft of a version of the code before Parliament, the Secretary of State may bring that version of the code into operation by order.
(12) The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—
(a) when imposing a penalty; and
(b) when considering under section 47K(6) a notice of objection under section 47K(4).
(1) In this section “penalty” means a penalty under any of sections 47D to 47H.
(2) If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.
(3) A notification under subsection (2) must—
(a) state the Secretary of State’s reasons for deciding that the person is liable to the penalty;
(b) state the amount of the penalty;
(c) specify the date before which, and the manner in which, the penalty must be paid; and
(d) include an explanation of the steps that the person may take if he objects to the penalty.
(4) Where a person to whom a notification under subsection (2) is issued objects on the ground that—
(a) he is not liable to the imposition of a penalty, or
(b) the amount of the penalty is too high,
the person may give a notice of objection to the Secretary of State.
(5) A notice of objection must—
(a) be in writing;
(b) give the objector’s reasons; and
(c) be given before the end of the prescribed period.
(6) Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—
(a) cancel the penalty;
(b) reduce the penalty; or
(c) determine to do neither of those things.
(7) Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—
(a) inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and
(b) if he reduces the penalty, notify the objector of the reduced amount.
(1) A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
(a) he is not liable to the imposition of a penalty; or
(b) the amount of the penalty is too high.
(2) On an appeal under this section, the court may—
(a) allow the appeal and cancel the penalty;
(b) allow the appeal and reduce the penalty; or
(c) dismiss the appeal.
(3) An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—
(a) any code of practice under section 47J which has effect at the time of the appeal; and
(b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
(4) An appeal may be brought by a person under this section against a penalty whether or not—
(a) he has given notice of objection under section 47K(4); or
(b) the penalty has been reduced under section 47K(6).
(5) A reference in this section to “the court” is a reference—
(a) in England and Wales, to a county court; and
(b) in Scotland, to the sheriff.
(6) The sheriff may transfer proceedings under this section to the Court of Session.
(7) Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.
(1) In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.
(2) For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.
(3) Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision.”
(2) In section 49 of the 1995 Act (Part 5—public transport: offences), after subsection (4) there is inserted—
“(5) A person who falsely pretends to be a person authorised to exercise power under section 47G is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
and, in the section’s heading, after “Forgery and false statements” there is inserted “, and impersonation”.
In the Chronically Sick and Disabled Persons Act 1970 (c. 44), after section 21 there is inserted—
(1) For the purposes of this section and section 21B, a “recognised badge” means—
(a) a badge issued under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, or any provision replacing that section, as from time to time amended, or
(b) a badge issued under provisions of the law of any jurisdiction outside the United Kingdom that are specified in regulations made by the appropriate national authority.
(2) In exercising the power under subsection (1)(b), the appropriate national authority may specify a provision only if it appears to the authority that badges issued under the provision are issued by reference to persons who are, or include, disabled persons.
(3) A recognised badge may be displayed on a motor vehicle only in such circumstances and in such manner as may be prescribed by regulations made by the appropriate national authority.
(4) A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge purporting to be a recognised badge is displayed on the vehicle is guilty of an offence unless the badge is a recognised badge and is displayed in accordance with regulations made under subsection (3).
(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be a recognised badge, he may require any person who—
(a) is in the vehicle, or
(b) appears to have been in, or to be about to get into, the vehicle,
to produce the badge for inspection.
(7) The power conferred on an enforcement officer by subsection (6) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.
(8) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) In this section “enforcement officer” has the meaning given by section 21(4BB).
(1) The concessions mentioned in subsection (2) shall apply in respect of vehicles lawfully displaying a recognised badge as they apply in respect of vehicles lawfully displaying a badge issued under section 21.
(2) The concessions are—
(a) any exemption from an order under the Road Traffic Regulation Act 1984 given by reference to vehicles lawfully displaying a badge issued under section 21;
(b) any provision made in an order under that Act for the use of a parking place by such vehicles.
(3) The appropriate national authority may by regulations provide that recognised badges are to be treated, for purposes specified in the regulations, as if they were badges issued under section 21.
(1) Any power to make regulations under section 21A or 21B—
(a) is exercisable by statutory instrument, and
(b) includes power—
(i) to make different provision for different cases, and
(ii) to make incidental, supplementary, transitional or consequential provision.
(2) A statutory instrument containing regulations made under section 21A or 21B by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) In sections 21A and 21B, “appropriate national authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the National Assembly for Wales.”
(1) Section 16B of the 1995 Act (the employment field: discriminatory advertisements) shall have effect with the following amendments.
(2) For subsection (1) (advertisements published, or caused to be published, by person intending to make appointment or confer benefit) there is substituted—
“(1) It is unlawful for a person to publish or cause to be published an advertisement which—
(a) invites applications for a relevant appointment or benefit; and
(b) indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—
(i) the applicant not having any disability, or any particular disability,
(ii) the applicant not having had any disability, or any particular disability, or
(iii) any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).”
(3) After subsection (2) there is inserted—
“(2A) A person who publishes an advertisement of the kind described in subsection (1) shall not be subject to any liability under subsection (1) in respect of the publication of the advertisement if he proves—
(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and
(b) that it was reasonable for him to rely on the statement.
(2B) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (2A)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”
(4) In subsection (3) (definition of “relevant appointment or benefit”), for “subsection (1)” there is substituted “this section”.
(1) Section 18 of the 1995 Act (provision of insurance services to employees under group insurance arrangements) ceases to have effect.
(2) In section 25 of that Act (subsection (1) of which enables a claim under Part 3 to be made the subject of civil proceedings in the same way as breach of statutory duty), after subsection (6) there is inserted—
“(6A) Subsection (1) does not apply in relation to a claim by a person that another person—
(a) has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or
(b) is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.”
(3) In section 68(1) of that Act (interpretation), at the appropriate place there is inserted—
““group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer’s employees or to any class of those employees;”.
In the 1995 Act, after section 21E (which is inserted by section 2 of this Act) there is inserted—
(1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—
(a) it has twenty-five or more members;
(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and
(c) it is not an organisation to which section 13 applies.
(2) It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him—
(a) in the terms on which it is prepared to admit him to membership; or
(b) by refusing or deliberately omitting to accept his application for membership.
(3) It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him—
(a) in the way it affords him access to a benefit, facility or service;
(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service;
(c) in the case of a member—
(i) by depriving him of membership, or
(ii) by varying the terms on which he is a member;
(d) in the case of an associate—
(i) by depriving him of his rights as an associate, or
(ii) by varying those rights; or
(e) in either case, by subjecting him to any other detriment.
(4) It is unlawful for an association to which this section applies to discriminate against a disabled person—
(a) in the way it affords him access to a benefit, facility or service,
(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service, or
(c) by subjecting him to any other detriment,
in his capacity as a guest of the association.
(5) It is unlawful for an association to which this section applies to discriminate against a disabled person—
(a) in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;
(b) by refusing or deliberately omitting to invite him to be a guest of the association; or
(c) by not permitting a member or associate to invite him to be a guest of the association.
(6) It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.
(7) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.
(1) For the purposes of section 21F, an association discriminates against a disabled person if—
(a) for a reason which relates to the disabled person’s disability, the association treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
(b) it cannot show that the treatment in question is justified.
(2) For the purposes of subsection (1), treatment is justified only if—
(a) in the opinion of the association, one or more of the conditions mentioned in subsection (3) are satisfied; and
(b) it is reasonable, in all the circumstances, for it to hold that opinion.
(3) The conditions are that—
(a) the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);
(b) the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case;
(c) in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service;
(d) in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service;
(e) in a case falling within section 21F(2)(a), the difference between—
(i) the terms on which membership is offered to the disabled person, and
(ii) those on which it is offered to other persons,
reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;
(f) in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between—
(i) the association’s treatment of the disabled person, and
(ii) its treatment of other members or (as the case may be) other associates or other guests of the association,
reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;
(g) in a case falling within section 21F(5)(a), the difference between—
(i) the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and
(ii) those on which other persons are invited, or permitted to be invited, to be guests of the association,
reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service.
(4) Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g).
(5) Regulations may—
(a) make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a);
(b) amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances;
(c) make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1).
(6) For the purposes of section 21F, an association also discriminates against a disabled person if—
(a) it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and
(b) it cannot show that its failure to comply with that duty is justified.
(7) Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).
(1) Regulations may make provision imposing on an association to which section 21F applies—
(a) a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who—
(i) are, or might wish to become, members or associates of the association, or
(ii) are, or are likely to become, guests of the association;
(b) a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons.
(2) Regulations under subsection (1) may (in particular)—
(a) make provision as to the cases in which a duty is imposed;
(b) make provision as to the steps which a duty requires to be taken;
(c) make provision as to the purpose for which a duty requires steps to be taken.
(3) Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
(1) For the purposes of sections 21F to 21H and this section—
(a) a person is a member of an association to which section 21F applies if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;
(b) a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).
(2) References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association.
(3) Regulations may make provision, for purposes of sections 21F to 21H, as to circumstances in which a person is to be treated as being, or as to circumstances in which a person is to be treated as not being, a guest of an association.”
In the 1995 Act, after section 24 there is inserted—
(1) It is unlawful for a controller of let premises to discriminate against a disabled person—
(a) who is a person to whom the premises are let; or
(b) who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
(2) For the purposes of subsection (1), a controller of let premises discriminates against a disabled person if—
(a) he fails to comply with a duty under section 24C or 24D imposed on him by reference to the disabled person; and
(b) he cannot show that failure to comply with the duty is justified (see section 24K).
(3) For the purposes of this section and sections 24B to 24F, a person is a controller of let premises if he is—
(a) a person by whom the premises are let; or
(b) a person who manages the premises.
(4) For the purposes of this section and sections 24B to 24F—
(a) “let” includes sub-let; and
(b) premises shall be treated as let by a person to another where a person has granted another a contractual licence to occupy them.
(5) This section applies only in relation to premises in the United Kingdom.
(1) Section 24A(1) does not apply if—
(a) the premises are, or have at any time been, the only or principal home of an individual who is a person by whom they are let; and
(b) since entering into the letting—
(i) the individual has not, and
(ii) where he is not the sole person by whom the premises are let, no other person by whom they are let has,
used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises.
(2) Section 24A(1) does not apply if the premises are of a prescribed description.
(3) Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.
(4) For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and “near relative” has here the same meaning as in section 23.
(1) Subsection (2) applies where—
(a) a controller of let premises receives a request made by or on behalf of a person to whom the premises are let;
(b) it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service; and
(c) either the first condition, or the second condition, is satisfied.
Disability Discrimination Act 2005