|
| |
|
(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 |
| 5 |
(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 |
| 10 |
(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— |
| |
| |
(b) | give the objector’s reasons; and |
| 15 |
(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— |
| |
| |
(b) | reduce the penalty; or |
| 20 |
(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 |
| 25 |
| |
(b) | if he reduces the penalty, notify the objector of the reduced |
| |
| |
47L | Penalties under sections 47D to 47H: appeals |
| |
(1) | A person may appeal to the court against a penalty imposed on him |
| 30 |
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; |
| 35 |
(b) | allow the appeal and reduce the penalty; or |
| |
| |
(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 |
| |
| 40 |
(a) | any code of practice under section 47J which has effect at the |
| |
| |
(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 |
| 45 |
| |
|
| |
|
| |
|
(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. |
| 5 |
(6) | The sheriff may transfer proceedings under this section to the Court of |
| |
| |
(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. |
| 10 |
47M | Sections 46 to 47H: interpretation |
| |
(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. |
| 15 |
(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 |
| 20 |
| |
(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 |
| 25 |
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”. |
| |
9 | Recognition of disabled persons’ badges issued outside Great Britain |
| |
In the Chronically Sick and Disabled Persons Act 1970 (c. 44), after section 21 |
| 30 |
| |
“21A | Recognition of badges issued outside Great Britain |
| |
(1) | For the purposes of this section and section 21B, a “recognised badge” |
| |
| |
(a) | a badge issued under section 14 of the Chronically Sick and |
| 35 |
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. |
| 40 |
(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 |
| 5 |
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 |
| 10 |
| |
(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 |
| 15 |
(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. |
| 20 |
(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 |
| |
| |
(9) | In this section “enforcement officer” has the meaning given by section |
| 25 |
| |
21B | Recognised badges treated as badges under section 21 for certain |
| |
| |
(1) | The concessions mentioned in subsection (2) shall apply in respect of |
| |
vehicles lawfully displaying a recognised badge as they apply in |
| 30 |
respect of vehicles lawfully displaying a badge issued under section 21. |
| |
| |
(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; |
| 35 |
(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. |
| 40 |
21C | Sections 21A and 21B: regulations and interpretation |
| |
(1) | Any power to make regulations under section 21A or 21B— |
| |
(a) | is exercisable by statutory instrument, and |
| |
| |
(i) | to make different provision for different cases, and |
| 45 |
|
| |
|
| |
|
(ii) | to make incidental, supplementary, transitional or |
| |
| |
(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. |
| 5 |
(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.” |
| |
| |
10 | Discriminatory advertisements |
| 10 |
(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 |
| 15 |
| |
(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 |
| |
| 20 |
(i) | the applicant not having any disability, or any particular |
| |
| |
(ii) | the applicant not having had any disability, or any |
| |
particular disability, or |
| |
(iii) | any reluctance of the person determining the |
| 25 |
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 |
| |
| |
(3) | After subsection (2) there is inserted— |
| 30 |
“(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 |
| 35 |
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 |
| 40 |
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”. |
| |
|
| |
|