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EXPLANATORY NOTES

 
 

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Schedule 19 — Public authorities
Part 2 — Public authorities: relevant Welsh authorities

 
 

The Common Council of the City of London in its capacity as a police

authority.

Part 2

Public authorities: relevant Welsh authorities

Welsh Assembly Government, etc.

The Welsh Ministers.

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).

National Health Service

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

Authority.

A Community Health Council in Wales.

Local government

A county council, county borough council or community council in

Wales.

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.

Other educational bodies

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).

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EXPLANATORY NOTES

 
 

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Schedule 19 — Public authorities
Part 3 — Public authorities: relevant Scottish authorities

 
 

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).

Part 3

Public authorities: relevant Scottish authorities

Scottish Administration

An office-holder in the Scottish Administration (within the meaning

given by section 126(7)(a) of the Scotland Act 1998).

National Health Service

A Health Board constituted under section 2 of the National Health Service

(Scotland) Act 1978.

A Special Health Board constituted under that section.

Local government

A council constituted under section 2 of the Local Government etc.

(Scotland) Act 1994.

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.

Other educational bodies

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

section).

The board of management of a college of further education (within the

meaning of section 36(1) of the Further and Higher Education

(Scotland) Act 1992).

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

governors.

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Schedule 19 — Public authorities
Part 3 — Public authorities: relevant Scottish authorities

 
 

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

2010.

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

or in part.

Paragraphs 1 to 4

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

standards).

Rail vehicle accessibility compliance certificates: paragraph 1

Effect

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.

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Schedule 20 — Rail vehicle accessibility: compliance

 
 

The governing body of an institution within the higher education sector

(within the meaning of Part 2 of the Further and Higher Education

(Scotland) Act 1992).

Police

A police authority established under section 2 of the Police (Scotland) Act

1967.

Schedule 20

Section 179

 

Rail vehicle accessibility: compliance

Rail vehicle accessibility compliance certificates

1     (1)  

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.

      (2)  

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.

      (3)  

A compliance certificate is subject to such conditions as are specified in it.

      (4)  

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.

      (5)  

A “compliance assessment” is an assessment of a rail vehicle against

provisions of rail vehicle accessibility regulations with which the vehicle is

required to conform.

      (6)  

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

to pay a penalty.

      (7)  

The Secretary of State must review a decision not to issue a compliance

certificate if before the end of the prescribed period the applicant—

(a)   

asks the Secretary of State to review the decision, and

(b)   

pays any fee fixed under paragraph 4.

      (8)  

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

prescribed period.

Regulations as to compliance certificates

2     (1)  

Regulations may make provision as to compliance certificates.

      (2)  

The regulations may (in particular) include provision—

(a)   

as to applications for and issue of certificates;

(b)   

specifying conditions to which certificates are subject;

(c)   

as to the period for which a certificate is in force;

(d)   

as to circumstances in which a certificate ceases to be in force;

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Schedule 20 — Rail vehicle accessibility: compliance

 
 

Background

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

Effect

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.

Background

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

yet in force).

Regulations as to compliance assessments: paragraph 3

Effect

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

“appointed assessor”).

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.

Background

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

Effect

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.

Background

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).

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