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This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
2 (1) A must comply with the first, second and third requirements.
For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to
a disabled person is to disabled persons generally.
Section 19 has effect as if, in subsection (4), for “to avoid the disadvantage”
there were substituted—
“(a) to avoid the disadvantage, or
to adopt a reasonable alternative method of providing the
service or exercising the function.”
In relation to each requirement, the relevant matter is the provision of the
service, or the exercise of the function, by A.
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Being placed at a substantial disadvantage in relation to the exercise of a
if a benefit is or may be conferred in the exercise of the function,
being placed at a substantial disadvantage in relation to the
conferment of the benefit, or
if a person is or may be subjected to a detriment in the exercise of the
function, suffering an unreasonably adverse experience when being
subjected to the detriment.
In relation to the second requirement, a physical feature includes a physical
feature brought by or on behalf of A, in the course of providing the service
or exercising the function, on to premises other than those that A occupies
(as well as including a physical feature in or on premises that A occupies).
If A is a service-provider, nothing in this paragraph requires A to take steps
which would fundamentally alter—
(a) the nature of the service;
(b) the nature of A’s trade or profession.
If A exercises a public function, nothing in this paragraph requires A to take
a step which A has no power to take.
This paragraph applies where A is concerned with the provision of a service
which involves transporting people by land, air or water.
(2) It is never reasonable for A to have to take a step which would—
involve the alteration or removal of a physical feature of a vehicle
used in providing the service;
(b) affect whether vehicles are provided;
(c) affect what vehicles are provided;
(d) affect what happens in the vehicle while someone is travelling in it.
But, for the purpose of complying with the first or third requirement, A may
not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—
a hire-vehicle designed and constructed for the carriage of
passengers, comprising more than 8 seats in addition to the driver’s
seat and having a maximum mass not exceeding 5 tonnes,
a hire-vehicle designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes,
a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire
Vehicles (London) Act 1998 (or under a provision of a local Act
corresponding to either of those provisions),
a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982),
a public service vehicle (within the meaning given by section 1 of the
Public Passenger Vehicles Act 1981),
a vehicle built or adapted to carry passengers on a railway or
tramway (within the meaning, in each case, of the Transport and
Works Act 1992),
(g) a taxi,
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a vehicle deployed to transport the driver and passengers of a
vehicle that has broken down or is involved in an accident, or
a vehicle deployed on a system using a mode of guided transport
(within the meaning of the Transport and Works Act 1992).
In so far as the second requirement requires A to adopt a reasonable
alternative method of providing the service to disabled persons, A may not,
for the purpose of complying with the requirement, rely on sub-paragraph
(2)(b)(c) or (d) if the vehicle is within sub-paragraph (3)(h).
A may not, for the purpose of complying with the first, second or third
requirement rely on sub-paragraph (2) of this paragraph if A provides the
service by way of a hire-vehicle built to carry no more than eight passengers.
For the purposes of sub-paragraph (5) in its application to the second
requirement, a part of a vehicle is to be regarded as a physical feature if it
requires alteration in order to facilitate the provision of—
hand controls to enable a disabled person to operate braking and
accelerator systems in the vehicle;
(b) facilities for the stowage of a wheelchair.
For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical
systems are not physical features; and for the purposes of sub-paragraph
(6)(b), fixed seating is not a physical feature.
In the case of a vehicle within sub-paragraph (3), a relevant device is not an
auxiliary aid for the purposes of the third requirement.
A relevant device is a device or structure, or equipment, the installation,
operation or maintenance of which would necessitate making a permanent
alteration to, or which would have a permanent effect on, the internal or
external fabric of the vehicle.
Regulations may amend this paragraph so as to provide for sub-paragraph
(2) not to apply, or to apply only so far as is prescribed, in relation to vehicles
of a prescribed description.
4 (1) This paragraph applies for the purposes of paragraph 3.
A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring
agreement to which section 66 of the Road Traffic Offenders Act 1988
(3) A “taxi”, in England and Wales, is a vehicle—
(a) licensed under section 37 of the Town Police Clauses Act 1847,
licensed under section 6 of the Metropolitan Public Carriage Act
(c) drawn by one or more persons or animals.
(4) A “taxi”, in Scotland, is—
a hire car engaged, by arrangements made in a public place between
the person to be transported (or a person acting on that person’s
behalf) and the driver, for a journey starting there and then, or
(b) a vehicle drawn by one or more persons or animals.
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