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176 | Exemptions from rail vehicle accessibility regulations |
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(1) | The Secretary of State may by order (an “exemption order”)— |
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(a) | authorise the use for carriage of a regulated rail vehicle even though the |
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vehicle does not conform with the provisions of rail vehicle |
| |
accessibility regulations with which it is required to conform; |
| 5 |
(b) | authorise a regulated rail vehicle to be used for carriage otherwise than |
| |
in conformity with the provisions of rail vehicle accessibility |
| |
regulations with which use of the vehicle is required to conform. |
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(2) | Authority under subsection (1)(a) or (b) may be for— |
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(a) | a regulated rail vehicle that is specified or of a specified description, |
| 10 |
(b) | use in specified circumstances of a regulated rail vehicle, or |
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(c) | use in specified circumstances of a regulated rail vehicle that is |
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specified or of a specified description. |
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(3) | The Secretary of State may by regulations make provision as to exemption |
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orders including, in particular, provision as to— |
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(a) | the persons by whom applications for exemption orders may be made; |
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(b) | the form in which applications are to be made; |
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(c) | information to be supplied in connection with applications; |
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(d) | the period for which exemption orders are to continue in force; |
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(e) | the revocation of exemption orders. |
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(4) | After consulting the Disabled Persons Transport Advisory Committee and |
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such other persons as the Secretary of State thinks appropriate, the Secretary of |
| |
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(a) | make an exemption order in the terms of the application for the order; |
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(b) | make an exemption order in such other terms as the Secretary of State |
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(c) | refuse to make an exemption order. |
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(5) | The Secretary of State may make an exemption order subject to such conditions |
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and restrictions as are specified. |
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(6) | “Specified” means specified in an exemption order. |
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177 | Procedure for making exemption orders |
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(1) | A statutory instrument that contains an order under section 176(1), if made |
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without a draft having been laid before, and approved by a resolution of, each |
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House of Parliament, is subject to annulment in pursuance of a resolution of |
| |
| 35 |
(2) | The Secretary of State must consult the Disabled Persons Transport Advisory |
| |
Committee before deciding which of the parliamentary procedures available |
| |
under subsection (1) is to be adopted in connection with the making of any |
| |
particular order under section 176(1). |
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(3) | An order under section 176(1) may be made without a draft of the instrument |
| 40 |
that contains it having been laid before, and approved by a resolution of, each |
| |
House of Parliament only if— |
| |
(a) | regulations under subsection (4) are in force; and |
| |
(b) | the making of the order without such laying and approval is in |
| |
accordance with the regulations. |
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|
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Clause 178: Annual Report on exemption orders |
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574. This clause requires the Secretary of State to produce an annual report (“the report”) |
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on the use of powers to exempt regulated rail vehicles from accessibility requirements. The |
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report will be produced for each calendar year and must contain details of all exemption orders |
| 5 |
made under clause 176. It must also contain information about the consultation on both |
| |
applications for exemption orders and the exercise of discretion under clause 177. The report |
| |
must be laid before both Houses of Parliament. |
| |
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575. This clause replicates the provisions of the Disability Discrimination Act 1995 section |
| 10 |
67B as inserted by the Disability Discrimination Act 2005 (and in force). |
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Clause 179: Rail vehicle accessibility: compliance |
| |
| |
576. This clause relates to the provisions of Schedule 20 which contain powers to introduce |
| |
compliance certification and a civil enforcement regime with associated penalties. |
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577. Commencement of subsection (1) would bring Schedule 20 into effect. However, |
| |
subsection (2) provides that, if not commenced (either fully or to any extent) before the end of |
| |
2010, the clause and Schedule 20 would be automatically repealed. |
| |
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578. Schedule 20 replicates the provisions of the Disability Discrimination Act 1995 |
| 20 |
sections 47A to 47M as inserted by the Disability Discrimination Act 2005 (but not yet in |
| |
| |
579. This clause is necessary since the Department for Transport is currently consulting on |
| |
the reappraisal of the introduction of compliance certification and civil enforcement powers |
| |
for rail vehicle accessibility, as provided for by amendments introduced into the Disability |
| 25 |
Discrimination Act 1995 by the Disability Discrimination Act 2005 but not yet in force. The |
| |
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|
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| |
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(4) | The Secretary of State may by regulations set out the basis on which the |
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Secretary of State, when making an order under section 176(1), will decide |
| |
which of the parliamentary procedures available under subsection (1) is to be |
| |
adopted in connection with the making of the order. |
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(5) | Before making regulations under subsection (4), the Secretary of State must |
| 5 |
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(a) | the Disabled Persons Transport Advisory Committee; and |
| |
(b) | such other persons as the Secretary of State considers appropriate. |
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178 | Annual report on exemption orders |
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(1) | After the end of each calendar year the Secretary of State must prepare a report |
| 10 |
| |
(a) | the exercise in that year of the power to make orders under section |
| |
| |
(b) | the exercise in that year of the discretion under section 177(1). |
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(2) | A report under subsection (1) must (in particular) contain— |
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(a) | details of each order made under section 176(1) in the year in question; |
| |
(b) | details of consultation carried out under sections 176(4) and 177(2) in |
| |
connection with orders made in that year under section 176(1). |
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(3) | The Secretary of State must lay before each House of Parliament each report |
| |
prepared under this section. |
| 20 |
179 | Rail vehicle accessibility: compliance |
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(1) | Schedule 20 (rail vehicle accessibility: compliance) has effect. |
| |
(2) | This section and that Schedule are repealed at the end of 2010 if the Schedule |
| |
is not brought into force (either fully or to any extent) before the end of that |
| |
| 25 |
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|
| |
| |
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consultation period ends on 3 July 2009 but, in order to accommodate possible outcomes of |
| |
the consultation exercise (i.e. implementation of compliance certification and civil |
| |
enforcement powers or otherwise) on the face of the Bill, it has been necessary to include |
| |
these provisions in the Schedule. |
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Clause 180: Interpretation of Chapter 3 |
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| |
580. This clause includes cross references to explanations as to what is meant by the terms |
| |
“rail vehicle”, “regulated rail vehicle” and “rail vehicle accessibility regulations” used |
| |
throughout this Chapter of the Bill. It also defines what is meant by use “for carriage”. |
| |
| 10 |
581. This clause replicates the provisions of the Disability Discrimination Act 1995 as |
| |
amended by the Disability Discrimination Act 2005. |
| |
| |
| |
| 15 |
582. This clause makes it a criminal offence for a person to forge, alter, use, lend, or allow |
| |
another person to use a, public service vehicle accessibility certificate, public service vehicle |
| |
‘type’ certificate or any exemption certificate issued in respect to assisting disabled passengers |
| |
in taxis or carriage of assistance dogs, or to make or have in his possession a document which |
| |
resembles such a certificate, with intent to deceive. It is also an offence to knowingly make a |
| 20 |
false statement in order to obtain any of these certificates. |
| |
| |
583. This clause replicates the effect of provisions inserted in the Disability Discrimination |
| |
Act 1995 by the Disability Discrimination Act 2005. |
| |
part 13: disability: miscellaneous |
| 25 |
| |
|
| |
| |
| |
| |
| |
| |
“rail vehicle” and “regulated rail vehicle” have the meaning given in |
| |
| 5 |
“rail vehicle accessibility regulations” has the meaning given in section |
| |
| |
(2) | For the purposes of this Chapter a vehicle is used “for carriage” if it is used for |
| |
the carriage of passengers. |
| |
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| |
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(1) | In this section “relevant document” means— |
| |
(a) | an exemption certificate issued under section 159, 162 or 164; |
| |
(b) | a notice of a kind mentioned in section 159(3)(b), 162(4)(b) or 164(4)(b); |
| 15 |
(c) | an accessibility certificate (see section 169); |
| |
(d) | an approval certificate (see section 170). |
| |
(2) | A person commits an offence if, with intent to deceive, the person— |
| |
(a) | forges, alters or uses a relevant document; |
| |
(b) | lends a relevant document to another person; |
| 20 |
(c) | allows a relevant document to be used by another person; |
| |
(d) | makes or has possession of a document which closely resembles a |
| |
| |
(3) | A person guilty of an offence under subsection (2) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| 25 |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
2 years or to a fine or to both. |
| |
(4) | A person commits an offence by knowingly making a false statement for the |
| |
purpose of obtaining an accessibility certificate or an approval certificate. |
| 30 |
(5) | A person guilty of an offence under subsection (4) is liable on summary |
| |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
| |
|
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| |
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Clause 182: Reasonable adjustments |
| |
| |
584. This clause applies the supplementary provisions on reasonable adjustments set out in |
| |
Schedule 21 to the fields of services, premises, work, education, and associations where a |
| |
person providing a service, or delivering functions, an employer, or an education provider, or |
| 5 |
an association is required to consider reasonable adjustments to premises which it rents and |
| |
would require the landlord’s consent to proceed. |
| |
Clause 183: Improvements to let dwelling houses |
| |
| |
585. This clause provides a procedure for a disabled tenant or occupier of rented residential |
| 10 |
premises to seek consent to make a disability-related improvement to the premises where the |
| |
lease allows a tenant to make an improvement only with the consent of the landlord. The |
| |
landlord may not unreasonably withhold consent, but may place reasonable conditions on the |
| |
consent. A landlord who refuses consent must set out the reasons for that refusal. In deciding |
| |
whether a refusal or condition is unreasonable, the onus is on the landlord to show that it is |
| 15 |
not. This clause applies to all leases of residential property used as the occupier or tenant’s |
| |
only or main residence, other than a protected tenancy, a statutory tenancy or a secure tenancy. |
| |
That is because similar rights already apply in respect of those tenancies under the Housing |
| |
| |
586. This clause applies only in England and Wales. |
| 20 |
| |
587. This clause replaces similar provisions in the Disability Discrimination Act 1995. |
| |
| |
• A disabled tenant who has mobility problems asks her landlord to consent to the |
| |
installation of a walk-in shower and a grab rail to help her use the lavatory. Her |
| 25 |
landlord refuses consent. It would be for the landlord to give reasons for the refusal, |
| |
and to show that it was not unreasonable. |
| |
• The landlord consents to the fitting of the grab rail and shower, on condition that their |
| |
colour matches the other bathroom fittings, and that they must be removed if the |
| |
disabled person moves out of the property. These might be reasonable conditions, but |
| 30 |
it is for the landlord to show that they are. |
| |
| |
|
| |
| |
| |
| |
Disability: miscellaneous |
| |
182 | Reasonable adjustments |
| |
Schedule 21 (reasonable adjustments: supplementary) has effect. |
| |
183 | Improvements to let dwelling houses |
| 5 |
(1) | This section applies in relation to a lease of a dwelling house if each of the |
| |
| |
(a) | the tenancy is not a protected tenancy, a statutory tenancy or a secure |
| |
| |
(b) | the tenant or another person occupying or intending to occupy the |
| 10 |
premises is a disabled person (D); |
| |
(c) | D occupies or intends to occupy the premises as D’s only or main home; |
| |
(d) | the tenant is entitled, with the consent of the landlord, to make |
| |
improvements to the premises; |
| |
(e) | the tenant applies to the landlord for consent to make a relevant |
| 15 |
| |
(2) | Where the tenant applies in writing for the consent— |
| |
(a) | if the landlord refuses to give consent, the landlord must give the |
| |
tenant a written statement of the reason why the consent was withheld; |
| |
(b) | if the landlord neither gives nor refuses to give consent within a |
| 20 |
reasonable time, consent must be taken to have been unreasonably |
| |
| |
(3) | If the landlord gives consent subject to a condition which is unreasonable, the |
| |
consent must be taken to have been unreasonably withheld. |
| |
(4) | If the landlord’s consent is unreasonably withheld, it must be taken to have |
| 25 |
| |
(5) | On any question as to whether— |
| |
(a) | consent was unreasonably withheld, or |
| |
(b) | a condition imposed was unreasonable, |
| |
| it is for the landlord to show that it was not. |
| 30 |
(6) | If the tenant fails to comply with a reasonable condition imposed by the |
| |
landlord on the making of a relevant improvement, the failure is to be treated |
| |
as a breach by the tenant of an obligation of the tenancy. |
| |
(7) | An improvement to premises is a relevant improvement if, having regard to |
| |
D’s disability, it is likely to facilitate D’s enjoyment of the premises. |
| 35 |
| |
|
