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| |
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| | ‘An employer (A) discriminates against a person (B) in the arrangements A |
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| | makes for deciding who to offer employment if A fails to take reasonable steps to |
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| | |
| | (a) | the selection for interview is carried out on an anonymous basis, and |
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| | (b) | the person selecting for interview does not know the gender, race, sexual |
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| | orientation, age or marital status of B or whether B has a disability.’. |
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| Page 4, line 9 [Clause 4], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 5, line 23, leave out Clause 7. |
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| To move the following Clause:— |
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| | ‘(1) | A person has the protected characteristics of gender identity if the person is or is |
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| | |
| | (a) | a person intending to undergo, undergoing, or having undergone gender |
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| | reassignment, where gender reassignment means a process which is |
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| | undertaken under medical supervision for the purpose of reassigning the |
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| | person’s sex by changing physiological or other characteristics of sex, |
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| | and includes any part of such a process; |
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| | (b) | a person living permanently in the gender role different from that |
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| | expected of a person of their recorded natal sex; |
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| | (c) | a person who has, by virtue of the Gender Recognition Act 2004 (c.7), |
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| | received recognition of their acquired gender for all legal purposes; or |
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| | (d) | a person who has a gender identity that is different from that expected of |
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| | a person of their recorded natal sex, provided that their behaviour which |
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| | is a manifestation of that gender identity is not unlawful or offensive. |
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| | (2) | For the purposes of subsection (1)(d) gender identity can also include where |
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| | gender identity is indeterminate. |
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| | (3) | A reference to a transgender person is a reference to a person who has the |
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| | protected characteristic of gender identity. |
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| | (4) | In relation to the protected characteristic of gender identity— |
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| | (a) | a reference to a person who has a particular protected characteristic is a |
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| | reference to a transgender person; |
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| | (b) | a reference to persons who share a protected characteristic is a reference |
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| | to transgender persons.’. |
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| |
| | |
| Page 11, line 3 [Clause 15], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 11, line 12 [Clause 15], leave out ‘7(1)’ and insert ‘[Gender identity] (1)(a)’. |
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| Page 17, line 37 [Clause 24], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 17, line 42 [Clause 24], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 151, line 18 [Schedule 3], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 157, line 20 [Schedule 3], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 159, line 4 [Schedule 3], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 134, line 26 [Clause 188], leave out ‘reassignment’ and insert ‘identity’. |
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| Page 55, line 13, leave out Clause 73. |
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| | Limitation of public sector equality duty (religion or belief) |
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| To move the following Clause:— |
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| | ‘(1) | Nothing in section 143 shall require a public authority in exercising its functions |
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| | to restrict lawful free expression. |
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| | (2) | In relation to religion or belief, in having regard to the need to meet the needs of |
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| | persons who share a protected characteristic, a public authority shall have regard |
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| | to the principle of inclusiveness. |
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| |
| |
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| | (3) | The principle of inclusiveness means that where a public authority could meet the |
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| | needs of persons who share a relevant protected characteristic (a “group”), by |
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| | |
| | (a) | providing a single service that is capable of meeting the needs of all |
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| | |
| | (b) | providing separate services for different groups, |
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| | | it shall prefer the former. |
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| | (4) | In fulfilling its duties under section 143(3)(b) in relation to religion or belief, a |
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| | public authority shall have regard only to those needs which are reasonable.’. |
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| | Discrimination in provision of public services by employees |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A person (a “service provider”) concerned with the provision of a public service |
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| | shall not make accommodations or adjustments to allow its employees to |
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| | discriminate in any way which would be unlawful if the service provider itself |
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| | were to discriminate in that way. |
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| | (2) | A service is a public service if it is carried out by a public authority, on behalf of |
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| | a public authority, subject to a contract with a public authority, or is otherwise a |
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| | function of a pubic nature.’. |
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| | Favourable treatment on grounds of disability |
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| | |
| To move the following Clause:— |
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| | ‘Nothing in this Act shall be taken to prohibit more favourable treatment of a |
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| | disabled person on the grounds of a disabled person’s disability.’. |
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| | Positive action: disability |
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| | |
| To move the following Clause:— |
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| | ‘For the purposes of sections 152 and 153, disability is not a protected |
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| | |
| | Discussions with third parties |
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| | |
| To move the following Clause:— |
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| |
| |
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| | ‘(1) | A term of a person’s work that prevents or restricts the person (P) from being |
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| | involved in discussions with third parties about the terms of P’s work is |
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| | unenforceable against P insofar as P is involved in a relevant pay discussion. |
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| | (2) | A relevant pay discussion is a discussion with a third party— |
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| | (a) | which is about pay, and |
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| | (b) | which relates to whether or to what extent there is, in relation to the work |
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| | in question, a connection between pay and having (or not having) a |
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| | particular protected characteristic. |
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| | (3) | Being involved in a discussion includes— |
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| | (a) | seeking the disclosure by a third party of information; |
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| | (b) | disclosing information to a third party; |
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| | (c) | receiving information disclosed by a third party; |
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| | (d) | seeking advice from a third party. |
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| | (4) | Being involved in a relevant pay discussion is to be treated as a protected act for |
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| | the purposes of the relevant victimisation provision. |
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| | (5) | The relevant victimisation provision is, in relation to a description of work |
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| | specified in the first column of the table, section 25 insofar as it applies for the |
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| | purposes of a provision mentioned in the second column. |
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| | Provision by virtue of which |
| | | | | | | | | | | | | | Appointment to a personal |
| | | | | | | | | | | | | | | | | | |
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| | Direct discrimination arising from sexual orientation |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘A person (A) discriminates against another (B) on grounds of sexual orientation |
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| | if, because of a manifestation or behaviour connected with B’s sexual orientation, |
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| | A treats B less favourably than A treats or would treat others.’. |
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| | Discrimination by association and perception |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘A person (A) discriminates against another (B) if A treats B less favourably than |
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| | A treats or would treat others because— |
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| | (a) | A perceives B to have a protected characteristic, or |
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| |
| |
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| | (b) | B associates with a person (C) who has a protected characteristic.’. |
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| |
| |
| | |
| Page 234, line 4 [Schedule 22], leave out sub-sub-paragraphs (a) and (b). |
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| | |
| Page 234, line 10 [Schedule 22], at end insert ‘except in relation to academy |
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| | |
| Page 9, line 5 [Clause 13], leave out ‘because of’ and insert ‘on grounds of’. |
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| | Socio-economic inequalities (implementation of section 1) |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘The public sector duty regarding socio-economic inequalities shall not have |
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| | effect until a Minister of the Crown provides a definition of— |
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| | (a) | socio-economic inequality, and |
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| | (b) | socio-economic disadvantage, |
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| | and lays these definitions before Parliament.’. |
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| |
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| Page 1, line 25 [Clause 1], leave out ‘outcome’ and insert ‘opportunity’. |
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| |
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| | |
| Page 113, line 16 [Clause 153], leave out ‘as qualified as’ and insert ‘equally |
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| |
| | |
| Page 136, line 36 [Clause 19], leave out paragraphs (a) and (b) and insert— |
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| | ‘(a) | at the end of the period of 12 months starting on the day this section |
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| | |
| | (b) | at the end of each succeeding period of 12 months.’. |
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| |
| |
|
| | Prohibited pre-employment inquiries |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A person (A) subjects a disabled job applicant (B) to prohibited pre-employment |
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| | enquiries where A makes inquiries of B as to whether B is a disabled person or as |
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| | to the nature or severity of such disability. |
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| | (2) | Inquiries of a disabled person as to the existence, nature or severity of their |
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| | disability will not constitute prohibited pre-employment inquiries for the |
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| | purposes of this Act where— |
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| | (a) | the inquiry is for the purpose of determining whether an applicant |
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| | requires reasonable adjustments for the interview process and is stated as |
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| | |
| | (b) | the inquiry is made at the application stage for the purposes of monitoring |
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| | disabled applicants, where such inquiry is made in writing, is kept |
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| | separately from any application form, is anonymised, and is stated as |
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| | |
| | (c) | for the purposes of positive action in recruitment, such as offering the |
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| | guaranteed interview scheme, and is stated as being such an inquiry. |
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| | (3) | Any invitation to request reasonable adjustments or disclose a disability under |
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| | subsection (2)(a), (b) and (c) must specify the use that will be made of that |
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| | information and must state that there is no requirement to provide that |
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| | |
| | (4) | Information provided must only be used for the stated purpose. |
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| | (5) | Inquiries of a disabled person as to the existence, nature or severity of their |
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| | disability will not constitute prohibited pre-employment inquiries for the |
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| | purposes of this Act where the inquiry is necessary for the purposes of |
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| | determining whether an applicant can perform a specific employment-related |
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| | function, either with or without adjustments and is stated as being such an |
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| | |
| | Employees and applicants: prohibited pre-employment inquiries |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘An employer (A) must not subject a disabled job applicant (B) to prohibited |
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| | |
| |
| |
| |
| | |
| Page 152, line 27 [Schedule 3], leave out sub-sub-paragraph (b). |
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| |
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| |
| |
| |
| | |
| Page 160, line 11 [Schedule 3], leave out paragraph (29). |
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| | Private hire vehicle accessibility regulations |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may make regulations (in this section referred to as |
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| | “private hire vehicle accessibility regulations”) for securing that it is possible for |
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| | |
| | (a) | to get into and out of private hire vehicles in safety; |
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| | (b) | to do so while in wheelchairs; |
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| | (c) | to travel in private hire vehicles in safety and reasonable comfort; |
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| | (d) | to do so while in wheelchairs. |
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| | (2) | The regulations may, in particular, require a regulated private hire vehicle to |
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| | conform with provision as to— |
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| | (a) | the size of a door opening for the use of passengers; |
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| | (b) | the floor area of the passenger compartment; |
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| | (c) | the amount of headroom in the passenger compartment; |
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| | (d) | the fitting of restraining devices designed to ensure the stability of a |
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| | wheelchair while the private hire vehicle is moving. |
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| | (3) | The regulations may also— |
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| | (a) | require the driver of a regulated private hire vehicle which is plying for |
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| | hire, or which has been hired, to comply with provisions as to the |
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| | carrying of ramps or other devices designed to facilitate the loading and |
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| | unloading of wheelchairs; |
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| | (b) | require the driver of a regulated private hire vehicle in which a disabled |
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| | person is being carried while in a wheelchair to comply with provisions |
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| | as to the position in which the wheelchair is to be secured. |
|
| | (4) | The driver of a regulated private hire vehicle which is plying for hire or has been |
|
| | hired commits an offence— |
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| | (a) | by failing to comply with a requirement of the regulations, or |
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| | (b) | if the private hire vehicle fails to conform with any provision of the |
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| | regulations with which it is required to conform. |
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| | (5) | A person guilty of an offence under subsection (4) is liable, on summary |
|
| | conviction, to a fine not exceeding level 3 on the standard scale. |
|
| | |
| | “passenger compartment” has such meaning as is specified in private hire |
|
| | vehicle accessibility regulations; |
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| | “regulated private hire vehicle” means a private hire vehicle to which |
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| | private hire vehicle accessibility regulations are expressed to apply.’. |
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|