House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Disability Discrimination Bill [HL]


Disability Discrimination Bill [HL]

15

 

(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

5

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—

10

(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.

47B     

Rail vehicle accessibility compliance certificates: supplementary

15

(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;

20

(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

25

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

30

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)—

35

(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

40

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.

45

(5)   

In requiring a report of a compliance assessment to be supplied in

connection with an application, regulations under subsection (1) may

 
 

Disability Discrimination Bill [HL]

16

 

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)

5

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

10

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

15

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

20

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)—

25

(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

30

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

35

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

40

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

45

particular proposed work).

47C     

Rail vehicle accessibility compliance certificates: fees

(1)   

Such fees, payable at such times, as may be prescribed may be charged

by the Secretary of State in respect of—

 
 

Disability Discrimination Bill [HL]

17

 

(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

5

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

10

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)—

15

(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

20

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);”.

25

8       

Rail vehicles: enforcement and penalties

(1)   

In the 1995 Act, after section 47C (which is inserted by section 7 of this Act)

there is inserted—

“47D    

Penalty for using rail vehicle without accessibility compliance

certificate

30

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.

47E     

Penalty for using rail vehicle that does not conform with accessibility

35

regulations

(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—

40

(a)   

identifying the vehicle, the provision and how the vehicle fails

to conform with the provision; and

(b)   

specifying the improvement deadline.

 
 

Disability Discrimination Bill [HL]

18

 

(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);

5

(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—

10

(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

15

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

20

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.

47F     

Penalty for using rail vehicle otherwise than in conformity with

accessibility regulations

25

(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—

30

(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)

35

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;

40

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—

45

(a)   

identifying the provision and how it was breached;

 
 

Disability Discrimination Bill [HL]

19

 

(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

5

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

10

(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.

15

(7)   

For the purposes of subsection (1), a vehicle is operated by a person if

that person is the operator of the vehicle.

47G     

Sections 47E and 47F: inspection of rail vehicles

(1)   

Where the Secretary of State has reasonable grounds for suspecting that

a regulated rail vehicle may not conform with provisions of rail vehicle

20

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

25

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

30

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;

35

(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

40

(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.

45

 
 

Disability Discrimination Bill [HL]

20

 

(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 person—

(a)   

obstructs the exercise of power under subsection (2), and

5

(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)

10

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

15

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.

47H     

Sections 47E and 47F: supplementary powers

20

(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

25

(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

30

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

35

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

40

(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,

45

 
 

Disability Discrimination Bill [HL]

21

 

   

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.

47J     

Penalties under sections 47D to 47H: amount, due date and recovery

(1)   

In this section “penalty” means a penalty under any of sections 47D to

47H.

5

(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.

10

(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

15

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.

20

(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

25

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

30

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

35

under section 47K(4).

47K     

Penalties under sections 47D to 47H: procedure

(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

40

Secretary of State must notify the person of the decision.

(3)   

A notification under subsection (2) must—

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 2 March 2005