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The Common Council of the City of London in its capacity as a police |
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Public authorities: relevant Welsh authorities |
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Welsh Assembly Government, etc. |
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The First Minister for Wales. |
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The Counsel General to the Welsh Assembly Government. |
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A subsidiary of the Welsh Ministers (within the meaning given by section |
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134(4) of the Government of Wales Act 2006). |
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A Local Health Board established under section 11 of the National Health |
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Service (Wales) Act 2006. |
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An NHS trust established under section 18 of that Act. |
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A Special Health Authority established under section 22 of that Act other |
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than NHS Blood and Transplant and the NHS Business Services |
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A Community Health Council in Wales. |
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A county council, county borough council or community council in |
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Charter trustees constituted under section 246 of the Local Government |
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Act 1972 for an area in Wales. |
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A fire and rescue authority constituted by a scheme under section 2 of the |
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Fire and Rescue Services Act 2004, or a scheme to which section 4 of that |
| |
Act applies, for an area in Wales. |
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An internal drainage board which is continued in being by virtue of |
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section 1 of the Land Drainage Act 1991 for an area in Wales. |
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A National Park authority established by an order under section 63 of the |
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Environment Act 1995 for an area in Wales. |
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A port health authority constituted by an order under section 2 of the |
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Public Health (Control of Disease) Act 1984 for an area in Wales. |
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A joint authority established under Part 4 of the Local Government Act |
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1985 for an area in Wales. |
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A joint committee constituted in accordance with section 102(1)(b) of the |
| |
Local Government Act 1972 for an area in Wales. |
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A joint board which is continued in being by virtue of section 263(1) of |
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that Act for an area in Wales. |
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The governing body of an educational establishment maintained by a |
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Welsh local authority (within the meaning of section 162 of the |
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Education and Inspections Act 2006). |
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The governing body of an institution in Wales within the further |
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education sector (within the meaning of section 91(3) of the Further and |
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Higher Education Act 1992). |
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The governing body of an institution in Wales within the higher |
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education sector (within the meaning of section 91(5) of that Act). |
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Public authorities: relevant Scottish authorities |
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An office-holder in the Scottish Administration (within the meaning |
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given by section 126(7)(a) of the Scotland Act 1998). |
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A Health Board constituted under section 2 of the National Health Service |
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A Special Health Board constituted under that section. |
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A council constituted under section 2 of the Local Government etc. |
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A community council established under section 51 of the Local |
| |
Government (Scotland) Act 1973. |
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A joint board within the meaning of section 235(1) of that Act. |
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A joint fire and rescue board constituted by a scheme under section 2(1) |
| |
of the Fire (Scotland) Act 2005. |
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A licensing board established under section 5 of the Licensing (Scotland) |
| |
Act 2005, or continued in being by virtue of that section. |
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A National Park authority established by a designation order made under |
| |
section 6 of the National Parks (Scotland) Act 2000. |
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Scottish Enterprise and Highlands and Islands Enterprise, established |
| |
under the Enterprise and New Towns (Scotland) Act 1990. |
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An education authority in Scotland (within the meaning of section 135(1) |
| |
of the Education (Scotland) Act 1980). |
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The managers of a grant-aided school (within the meaning of that |
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The board of management of a college of further education (within the |
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meaning of section 36(1) of the Further and Higher Education |
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In the case of such a college of further education not under the |
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management of a board of management, the board of governors of the |
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college or any person responsible for the management of the college, |
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whether or not formally constituted as a governing body or board of |
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Schedule 20: rail vehicle accessibility: compliance |
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884. The provisions of this Schedule are tied to those of clause 179 which provides for the |
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Schedule to be repealed if not brought into force (either fully or to any extent) by 31 December |
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885. This approach is required since the Department for Transport is consulting, in tandem |
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with the passage of this Bill through Parliament, on a re-appraisal of the compliance |
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certification and civil enforcement regimes of sections 47A to 47M of the Disability |
| |
Discrimination Act 1995, together with new rail vehicle accessibility regulations prepared |
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under section 46 of the Disability Discrimination Act 1995. |
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886. Following consideration of responses to the public consultation, the Government will |
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reach its conclusion on whether to proceed with the commencement of this Schedule in whole |
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887. These paragraphs introduce the concept of “compliance certification” into the rail |
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vehicle accessibility regime. The effect would be to require prescribed rail vehicles to have a |
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rail vehicle accessibility compliance certificate (which certifies compliance with accessibility |
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Rail vehicle accessibility compliance certificates: paragraph 1 |
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888. This paragraph provides for the introduction of compliance certification into the rail |
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vehicle accessibility regime by prohibiting a regulated rail vehicle from being used in |
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passenger service unless a valid compliance certificate has been issued for that rail vehicle. |
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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 |
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should a regulated rail vehicle, which is required to have a compliance certificate, be operated |
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in passenger service without one. |
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890. In circumstances where the Secretary of State has refused to issue a compliance |
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certificate, provisions are made for the applicant to ask for a review of that decision, within a |
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maximum time period to be set in regulations, taking into account any written representations |
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that may be presented by the applicant. A fee can be charged to recover the costs of |
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undertaking such a review. |
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|
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The governing body of an institution within the higher education sector |
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(within the meaning of Part 2 of the Further and Higher Education |
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A police authority established under section 2 of the Police (Scotland) Act |
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Rail vehicle accessibility: compliance |
| |
Rail vehicle accessibility compliance certificates |
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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. |
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(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. |
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(5) | A “compliance assessment” is an assessment of a rail vehicle against |
| |
provisions of rail vehicle accessibility regulations with which the vehicle is |
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(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 |
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(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. |
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(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 |
| |
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Regulations as to compliance certificates |
| |
2 (1) | Regulations may make provision as to compliance certificates. |
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(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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|
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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). |
| |
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|
