The Common Council of the City of London in its capacity as a police
Public authorities: relevant Welsh authorities
Welsh Assembly Government, etc.
The First Minister for Wales.
The Counsel General to the Welsh Assembly Government.
A subsidiary of the Welsh Ministers (within the meaning given by section
134(4) of the Government of Wales Act 2006).
A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.
An NHS trust established under section 18 of that Act.
A Special Health Authority established under section 22 of that Act other
than NHS Blood and Transplant and the NHS Business Services
A Community Health Council in Wales.
A county council, county borough council or community council in
Charter trustees constituted under section 246 of the Local Government
Act 1972 for an area in Wales.
A fire and rescue authority constituted by a scheme under section 2 of the
Fire and Rescue Services Act 2004, or a scheme to which section 4 of that
Act applies, for an area in Wales.
An internal drainage board which is continued in being by virtue of
section 1 of the Land Drainage Act 1991 for an area in Wales.
A National Park authority established by an order under section 63 of the
Environment Act 1995 for an area in Wales.
A port health authority constituted by an order under section 2 of the
Public Health (Control of Disease) Act 1984 for an area in Wales.
A joint authority established under Part 4 of the Local Government Act
1985 for an area in Wales.
A joint committee constituted in accordance with section 102(1)(b) of the
Local Government Act 1972 for an area in Wales.
A joint board which is continued in being by virtue of section 263(1) of
that Act for an area in Wales.
The governing body of an educational establishment maintained by a
Welsh local authority (within the meaning of section 162 of the
Education and Inspections Act 2006).
The governing body of an institution in Wales within the further
education sector (within the meaning of section 91(3) of the Further and
Higher Education Act 1992).
The governing body of an institution in Wales within the higher
education sector (within the meaning of section 91(5) of that Act).
Public authorities: relevant Scottish authorities
An office-holder in the Scottish Administration (within the meaning
given by section 126(7)(a) of the Scotland Act 1998).
A Health Board constituted under section 2 of the National Health Service
A Special Health Board constituted under that section.
A council constituted under section 2 of the Local Government etc.
A community council established under section 51 of the Local
Government (Scotland) Act 1973.
A joint board within the meaning of section 235(1) of that Act.
A joint fire and rescue board constituted by a scheme under section 2(1)
of the Fire (Scotland) Act 2005.
A licensing board established under section 5 of the Licensing (Scotland)
Act 2005, or continued in being by virtue of that section.
A National Park authority established by a designation order made under
section 6 of the National Parks (Scotland) Act 2000.
Scottish Enterprise and Highlands and Islands Enterprise, established
under the Enterprise and New Towns (Scotland) Act 1990.
An education authority in Scotland (within the meaning of section 135(1)
of the Education (Scotland) Act 1980).
The managers of a grant-aided school (within the meaning of that
The board of management of a college of further education (within the
meaning of section 36(1) of the Further and Higher Education
In the case of such a college of further education not under the
management of a board of management, the board of governors of the
college or any person responsible for the management of the college,
whether or not formally constituted as a governing body or board of
Schedule 20: rail vehicle accessibility: compliance
884. The provisions of this Schedule are tied to those of clause 179 which provides for the
Schedule to be repealed if not brought into force (either fully or to any extent) by 31 December
885. This approach is required since the Department for Transport is consulting, in tandem
with the passage of this Bill through Parliament, on a re-appraisal of the compliance
certification and civil enforcement regimes of sections 47A to 47M of the Disability
Discrimination Act 1995, together with new rail vehicle accessibility regulations prepared
under section 46 of the Disability Discrimination Act 1995.
886. Following consideration of responses to the public consultation, the Government will
reach its conclusion on whether to proceed with the commencement of this Schedule in whole
887. These paragraphs introduce the concept of “compliance certification” into the rail
vehicle accessibility regime. The effect would be to require prescribed rail vehicles to have a
rail vehicle accessibility compliance certificate (which certifies compliance with accessibility
Rail vehicle accessibility compliance certificates: paragraph 1
888. This paragraph provides for the introduction of compliance certification into the rail
vehicle accessibility regime by prohibiting a regulated rail vehicle from being used in
passenger service unless a valid compliance certificate has been issued for that rail vehicle.
Regulations are required to set out which rail vehicles will require a compliance certificate.
889. It also contains provisions to enable a penalty to be paid to the Secretary of State
should a regulated rail vehicle, which is required to have a compliance certificate, be operated
in passenger service without one.
890. In circumstances where the Secretary of State has refused to issue a compliance
certificate, provisions are made for the applicant to ask for a review of that decision, within a
maximum time period to be set in regulations, taking into account any written representations
that may be presented by the applicant. A fee can be charged to recover the costs of
undertaking such a review.
The governing body of an institution within the higher education sector
(within the meaning of Part 2 of the Further and Higher Education
A police authority established under section 2 of the Police (Scotland) Act
Rail vehicle accessibility: compliance
Rail vehicle accessibility compliance certificates
A regulated rail vehicle which is prescribed, or is of a prescribed class or
description, must not be used for carriage unless a compliance certificate is
in force for the vehicle.
A “compliance certificate” is a certificate that the Secretary of State is
satisfied that the regulated rail vehicle conforms with the provisions of rail
vehicle accessibility regulations with which it is required to conform.
A compliance certificate is subject to such conditions as are specified in it.
A compliance certificate may not be issued for a rail vehicle unless the
Secretary of State has been provided with a report of a compliance
assessment of the vehicle.
A “compliance assessment” is an assessment of a rail vehicle against
provisions of rail vehicle accessibility regulations with which the vehicle is
If a regulated rail vehicle is used for carriage in contravention of sub-
paragraph (1), the Secretary of State may require the operator of the vehicle
The Secretary of State must review a decision not to issue a compliance
certificate if before the end of the prescribed period the applicant—
asks the Secretary of State to review the decision, and
pays any fee fixed under paragraph 4.
For the purposes of the review, the Secretary of State must consider any
representations made by the applicant in writing before the end of the
Regulations as to compliance certificates
Regulations may make provision as to compliance certificates.
The regulations may (in particular) include provision—
as to applications for and issue of certificates;
specifying conditions to which certificates are subject;
as to the period for which a certificate is in force;
as to circumstances in which a certificate ceases to be in force;
891. This paragraph replicates the provisions of sections 47A and 47D of the Disability
Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force).
892. Regulations as to compliance certificates: paragraph 2
892. This paragraph enables regulations to be made setting out how the compliance
certification regime introduced by paragraph 1 will operate in practice. For example, the
regulations may specify who may apply for a compliance certificate, the conditions to which
they are subject and the period for which they will remain in force.
893. This paragraph replicates some of the provisions of section 47B (1) to (3) of the
Disability Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not
Regulations as to compliance assessments: paragraph 3
894. This paragraph provides for regulations to be made for the undertaking of compliance
assessments, including provision as to who may carry out assessments, and may provide that
assessments be carried out by persons appointed by the Secretary of State (to be known as an
895. Sub-paragraph (3) enables regulations to make provision about the appointment of
appointed assessors, for them to charge fees in connection with their work, to prescribe
procedures and for the referral of disputes between an appointed assessor and a person who
requested a compliance assessment.
896. This paragraph replicates the remaining provisions of section 47B of the Disability
Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force)
not replicated in paragraph 2.
Fees in respect of compliance certificates: paragraph 4
897. It enables regulations to be made setting out the fees which the Secretary of State may
charge to recover the costs of carrying out certain administrative tasks relating to the issuing of
compliance certificates. Any fees which are received must be paid into the Consolidated
Fund. Before making any regulations under this paragraph, the Secretary of State must
consult representative organisations.
898. This paragraph replicates the provisions of section 47C of the Disability
Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force).