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Session 2004 - 05
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Other Bills before Parliament

Disability Discrimination Bill [HL]


Disability Discrimination Bill [HL]

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(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

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(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

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(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

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(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

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(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

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the objector; and

(b)   

if he reduces the penalty, notify the objector of the reduced

amount.

47L     

Penalties under sections 47D to 47H: appeals

(1)   

A person may appeal to the court against a penalty imposed on him

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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;

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(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—

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(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

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penalty whether or not—

 
 

Disability Discrimination Bill [HL]

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(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.

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(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.

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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.

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(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

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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

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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

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there is inserted—

“21A    

Recognition of badges issued outside Great Britain

(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

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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.

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(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.

 
 

Disability Discrimination Bill [HL]

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(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

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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

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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

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(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.

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(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

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21(4BB).

21B     

Recognised badges treated as badges under section 21 for certain

purposes

(1)   

The concessions mentioned in subsection (2) shall apply in respect of

vehicles lawfully displaying a recognised badge as they apply in

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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;

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(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.

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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

(b)   

includes power—

(i)   

to make different provision for different cases, and

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Disability Discrimination Bill [HL]

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(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.

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(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.”

Other matters

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Discriminatory advertisements

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(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

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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—

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(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

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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—

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“(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

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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

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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”.

 
 

 
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