Office of Public Sector Information
SCHEDULE 1 continued PART 1 continued
(5A) A statutory instrument that contains an order under section 47(1), if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House, but the exercise of the discretion conferred by this subsection is subject to section 67A.”
34 (1) Section 68 (interpretation) is amended as follows.
(2) In subsection (1), at the appropriate places there are inserted—
““criminal investigation” has the meaning given in subsection (1A);”
““criminal proceedings” includes—
(a) proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957;
(b) proceedings before a summary appeal court constituted under any of those Acts;
(c) proceedings before a court-martial constituted under any of those Acts or a disciplinary court constituted under section 52G of the Naval Discipline Act 1957;
(d) proceedings before the Courts-Martial Appeal Court; and
(e) proceedings before a Standing Civilian Court;”
““employment services” has the meaning given in section 21A(1);”
““public investigator functions” has the meaning given in subsection (1B);”.
(3) In subsection (1), in the definition of “enactment”, the words “(except in section 56(5))” are omitted.
(4) In subsection (1), in the definition of “mental impairment”—
(a) the words “or the Mental Health (Scotland) Act 1984” are omitted, and
(b) for “either of those Acts” there is substituted “that Act”.
(5) In subsection (1), in the definition of “prescribed”, after “regulations” there is inserted “, except in section 28D (where it has the meaning given by section 28D(17))”.
(6) In subsection (1), in the definition of “regulations”, after “Secretary of State” there is inserted “, except in sections 2(3), 28D, 28L(6), 28Q(7), 33, 49D to 49F and 67 (provisions where the meaning of “regulations” is apparent)”.
(7) After subsection (1) there is inserted—
“(1A) In this Act “criminal investigation” means—
(a) any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it;
(b) any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; or
(c) any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted.
(1B) In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.
(1C) In subsections (1A) and (1B)—
“offence” includes any offence of a kind triable by court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, and
“offender” is to be construed accordingly.”
35 In section 70(5A) (certain provisions extend to England and Wales only), for “and 7B” there is substituted “7B, 49G, 49H and 53A(1D) and (1E)”.
36 In Schedule 1 (provisions supplementing section 1), in paragraph 8 (progressive conditions), in sub-paragraph (1)(a), for “infection by the human immunodeficiency virus” there is substituted “HIV infection”.
37 (1) Schedule 2 (modifications with which provisions mentioned in section 2(1) apply to persons who have had a disability) is amended as follows.
(2) In paragraph 2 (references in Parts 2 to 4 to a disabled person), before “to a disabled person” there is inserted “and 5A”.
(3) In paragraph 2C (reference in section 3A(5) to “not having that particular disability”), for “section 3A(5)” there is substituted “sections 3A(5) and 31AB(8)”.
(4) In paragraph 3 (past disabilities: modification of references to “not disabled”)—
(a) after “14D(1)” there is inserted “, 15C(1)”, and
(b) before “after “not disabled”” there is inserted “and section 31AD(1)(d), (2)(c) and (3),”.
(5) In paragraph 4 (past disabilities: modification of references to “has a disability”)—
(a) after “14D(3)(b)” there is inserted “, 15C(3)(a)”, and
(b) for “and 16A(6),” there is substituted “, 16A(6) and 31AD(4)(b),”.
(6) After paragraph 4 there is inserted—
“4ZA. In section 24(3)(e)(i) and (f)(i), after “having” insert “had”.
4ZB. In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute “had not had”.”
38 (1) Schedule 3 (enforcement and procedure) is amended as follows.
(2) In paragraph 2 (restriction on proceedings for breach of Part 2 of the Act), after sub-paragraph (2) there is inserted—
“(3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).”
(3) In paragraph 4 (evidence in proceedings under section 17A or 25(8) as to conditions or requirements imposed by a Minister), after sub-paragraph (1) there is inserted—
“(1A) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by a member of the Scottish Executive, and
(b) were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
(1B) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by the Assembly, and
(b) were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.”
(4) In paragraph 4(2) (status of certificates under sub-paragraph (1)), after “purporting to be such a certificate” there is inserted “as is mentioned in sub-paragraph (1), (1A) or (1B)”.
(5) In Part 2 (claims under section 25 to enforce Part 3 of the Act), after paragraph 6 there is inserted—
6A. (1) Sub-paragraph (2) applies where a party to proceedings under section 25 which have arisen by virtue of section 21B(1) has applied for a stay or sist of those proceedings on the grounds of prejudice to—
(a) particular criminal proceedings;
(b) a criminal investigation; or
(c) a decision to institute criminal proceedings.
(2) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.
6B. (1) Sub-paragraph (2) applies to a remedy other than—
(a) damages; or
(b) a declaration or, in Scotland, a declarator.
(2) In proceedings under section 25, the remedy shall be obtainable in respect of a relevant discriminatory act only if the court is satisfied that—
(a) no criminal investigation,
(b) no decision to institute criminal proceedings, and
(c) no criminal proceedings,
would be prejudiced by the remedy.
(3) In sub-paragraph (2) “relevant discriminatory act” means an act—
(a) which is done, or by virtue of section 57 or 58 is treated as done, by a person—
(i) in carrying out public investigator functions, or
(ii) in carrying out functions as a public prosecutor; and
(b) which is unlawful by virtue of section 21B(1).”
(6) In paragraph 8 (evidence in proceedings under section 25 as to conditions or requirements imposed by a Minister), after sub-paragraph (2) there is inserted—
“(3) In any proceedings under section 25, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by a member of the Scottish Executive, and
(b) were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
(4) In any proceedings under section 25, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by the Assembly, and
(b) were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
(5) A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.”
(7) In paragraph 9(1) (restriction on proceedings for breach of Chapter 1 of Part 4 of the Act), for “and 28L” there is substituted “, 28L and 28N”.
(8) In paragraph 9, after sub-paragraph (2) there is inserted—
“(3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 28J(9).”
(9) In paragraph 11(1) (evidence in proceedings under section 28I, 28K or 28L as to conditions or requirements imposed by a Minister), for “or 28L” there is substituted “, 28L or 28N”.
(10) In paragraph 11, after sub-paragraph (1) there is inserted—
“(1A) In any proceedings under section 28N, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by a member of the Scottish Executive, and
(b) were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
(1B) In any proceedings under section 28I, 28K or 28L, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by the Assembly, and
(b) were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.”
(11) In paragraph 11(2) (status of certificates under sub-paragraph (1)), after “purporting to be such a certificate” there is inserted “as is mentioned in sub-paragraph (1), (1A) or (1B)”.
(12) In paragraph 15 (evidence in proceedings under section 28V as to conditions or requirements imposed by a Minister), after sub-paragraph (1) there is inserted—
“(1A) In any proceedings under section 28V, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by a member of the Scottish Executive, and
(b) were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.
(1B) In any proceedings under section 28V, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—
(a) were imposed by the Assembly, and
(b) were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.”
(13) In paragraph 15(2) (status of certificates under sub-paragraph (1)), after “purporting to be such a certificate” there is inserted “as is mentioned in sub-paragraph (1), (1A) or (1B)”.
39 (1) Schedule 3A (validity of contracts etc.) is amended as follows.
(2) In paragraph 2(3) (meaning of “relevant independent adviser”), after paragraph (c) there is inserted “; or
(d) if he is a person of a description specified in an order made by the Secretary of State.”
(3) For paragraph 11 (application of Schedule to Part 3 of the 1995 Act so far as relating to employment services) there is substituted—
“11. Any reference in this Schedule to this Part of this Act shall be taken to include a reference to Part 3 of this Act, to the extent that it relates to—
(a) the provision of employment services; or
(b) the provision under a group insurance arrangement of facilities by way of insurance.
12. Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part 1 of this Schedule shall have effect as if the agreement were a contract.”
40 (1) Schedule 4 (premises occupied under leases) is amended as follows.
(2) In paragraph 2 (joining lessors in tribunal proceedings)—
(a) in the heading, the words “or 25(8)” are omitted, and
(b) in sub-paragraph (1), for “under section 17A or 25(8)” there is substituted “on a complaint under section 17A”.
(3) In the heading to Part 2 (occupation by provider of services), for “provider of services” there is substituted “persons subject to a duty under section 21, 21E or 21H”.
(4) In paragraph 5 (failure to obtain consent to alteration), after “section 21 duty” there is inserted “or a duty imposed under section 21E or 21H”.
(5) In paragraph 7(1) (joining lessors in proceedings under section 25), for “under section 25, in a case to which this Part of this Schedule applies,” there is substituted “under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8),”.
(6) After paragraph 7 there is inserted—
7A. (1) In any proceedings on a complaint under section 25(8) in a case to which section 27 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.
(2) The request shall be granted if it is made before the hearing of the complaint begins.
(3) The tribunal may refuse the request if it is made after the hearing of the complaint begins.
(4) The request may not be granted if it is made after the tribunal has determined the complaint.
(5) Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—
(a) whether the lessor has—
(i) refused consent to the alteration, or
(ii) consented subject to one or more conditions; and
(b) if so, whether the refusal or any of the conditions was unreasonable.
(6) If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
(a) make such declaration as it considers appropriate;
(b) make an order authorising the occupier to make the alteration specified in the order;
(c) order the lessor to pay compensation to the complainant.
(7) An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
(8) Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).
(9) If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.”
41 In section 21(4) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by institutions concerned with the care of disabled people), for “institution” there is substituted “organisation” in both places where it occurs.
42 The Road Traffic Regulation Act 1984 shall have effect with the following amendments.
43 (1) Section 105 (exemptions from section 104) is amended as follows.
(2) In subsection (1), after paragraph (a) there is inserted—
“(aa) a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle; or”.
(3) After subsection (6) there is inserted—
“(6A) In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(aa) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6B) below are met.
(6B) Those conditions are that at the time when the contravention occurred—
(a) the vehicle was not being used in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970 (display of non-GB badges); and
(b) he was not using the vehicle in circumstances falling within section 117(1A)(b) of this Act.”
44 (1) Section 117 (wrongful use of disabled person’s badge) is amended as follows.
(2) In subsection (1), for “this section” there is substituted “this subsection” in both places where it occurs.
(3) After subsection (1) there is inserted—
“(1A) A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—
(a) there was displayed on the motor vehicle in question a badge purporting to be a recognised badge, and
(b) he was using the vehicle in circumstances where a concession would, by virtue of section 21B of the Chronically Sick and Disabled Persons Act 1970, be available to a vehicle lawfully displaying a recognised badge,
but he shall not be guilty of an offence under this subsection if the badge was a recognised badge and displayed in accordance with regulations made under section 21A of that Act.”
(4) In subsection (3), at the end there is inserted—
““recognised badge” has the meaning given in section 21A of the Chronically Sick and Disabled Persons Act 1970.”
45 (1) Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall have effect with the following amendments.
(2) After the entry for section 105(5) of the Road Traffic Regulation Act 1984, there is inserted—
| RTRA section 105(6A) | Misuse of recognised badge (immobilisation devices). | Summarily. | Level 3 on the standard scale. |
(3) In the entry for section 117 of that Act, for “117” there is substituted “117(1)”.
(4) After that entry there is inserted—
| RTRA section 117(1A) | Wrongful use of recognised badge. | Summarily. | Level 3 on the standard scale. |
46 (1) Section 70 of the Road Traffic Act 1991 (exemptions from section 69 of that Act) shall have effect with the following amendments.
(2) In subsection (1), after paragraph (a) there is inserted—
“(aa) a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle;”.
(3) After subsection (2) there is inserted—
“(2A) In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(aa) above and the vehicle was not, at the time at which it was parked, being used—
(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
(b) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
47 (1) Paragraph 46 of Schedule 5 to the Courts Act 2003 (provision to give effect to clamping orders) shall have effect with the following amendments.
(2) In sub-paragraph (2)(a), after “badge” there is inserted “or a current recognised badge”.
(3) In sub-paragraph (3), at the end there is inserted—
““recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).”
48 (1) Section 79 of the Traffic Management Act 2004 (immobilisation of vehicle where penalty charge payable) shall have effect with the following amendments.
(2) After subsection (5) there is inserted—
“(5A) The regulations shall provide—
(a) that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and
(b) that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—
(i) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
(ii) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(3) In subsection (7), after the definition of “parking place” there is inserted—
““recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970.”
49 In section 18 of the Disabled Persons (Services, Consultation and Representation) Act 1986, after subsection (3) (regulations and orders to be made by statutory instrument and, with the exception of commencement orders, to be subject to annulment) there is inserted—
“(3A) As regards any regulations or order made under this Act by the National Assembly for Wales, subsection (3) shall have effect without the words after “statutory instrument”.”
50 (1) The Disability Rights Commission Act 1999 shall have effect with the following amendments.
(2) In section 2(5) (interpretation of section)—
(a) in the definition of “discrimination”, for “Part II, Part 3 or Chapter 1 or 2 of Part 4” there is substituted “Part 2, 3 or 4”, and
(b) in the definition of “harassment”, for “or 3” there is substituted “, 3 or 4”.
(3) In sections 4(5), 5(11) and 6(4) and in paragraph 3(10) of Schedule 3 (meaning of “unlawful act”), for “Part II, Part 3 or Chapter 1 or 2 of Part 4” there is substituted “Part 2, 3 or 4”.
(4) In section 6(1)(b) (findings of unlawful discrimination)—
(a) after “28V of the 1995 Act” there is inserted “, or in proceedings under provision made under section 31AE of that Act,” and
(b) for “Part 3 or Chapter 1 or 2 of Part 4” there is substituted “3 or 4”.
(5) In section 7(1)(a) (which refers to proceedings under Parts 2 to 4 of the 1995 Act), after “28V of the 1995 Act” there is inserted “or under provision made under section 31AE of that Act”.
(6) Section 11 (which amended a provision that has since been repealed) is omitted.
(7) In section 16 (short title, commencement and extent), after subsection (3) there is inserted—
“(3A) Section 7(1)(aa) and (4A) extend only to England and Wales.”
Disability Discrimination Act 2005