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Schedule 20 — Rail vehicle accessibility: compliance

 
 

Interpretation: paragraph 14

Effect

922. This paragraph defines what is meant by the terms “compliance assessment”,

“compliance certificate” and “operator” in relation to this Schedule.

923. Under sub-paragraph (2), if a rail vehicle to which this Schedule applies is the subject

of an exemption order, issued under Clause 176, then a reference in this Schedule to a rail

vehicle accessibility requirement will not include a requirement from which that vehicle is

exempt.

Background

924. This paragraph replicates elements of the provisions of section 47M of the Disability

Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force).

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Schedule 20 — Rail vehicle accessibility: compliance

 
 

Penalties: amount, due date and recovery

9     (1)  

In this paragraph and paragraphs 10 to 12 “penalty” means a penalty under

this Schedule.

      (2)  

The amount of a penalty must not exceed whichever is the lesser of—

(a)   

the maximum prescribed for the purposes of this sub-paragraph;

(b)   

10% of the turnover of the person on whom it is imposed.

      (3)  

Turnover is to be determined by such means as are prescribed.

      (4)  

A penalty must be paid to the Secretary of State before the end of the

prescribed period.

      (5)  

A sum payable as a penalty may be recovered as a debt due to the Secretary

of State.

      (6)  

In proceedings for recovery of a penalty no question may be raised as to—

(a)   

liability to the penalty;

(b)   

its amount.

      (7)  

Sums paid to the Secretary of State as a penalty must be paid into the

Consolidated Fund.

Penalties: code of practice

10    (1)  

The Secretary of State must issue a code of practice specifying matters to be

considered in determining the amount of a penalty.

      (2)  

The Secretary of State may—

(a)   

revise the whole or part of the code;

(b)   

issue the code as revised.

      (3)  

Before issuing the code the Secretary of State must lay a draft of it before

Parliament.

      (4)  

After laying the draft before Parliament, the Secretary of State may bring the

code into operation by order.

      (5)  

The Secretary of State must have regard to the code and any other relevant

matter—

(a)   

when imposing a penalty;

(b)   

when considering an objection under paragraph 11.

      (6)  

In sub-paragraphs (3) to (5) a reference to the code includes a reference to the

code as revised.

Penalties: procedure

11    (1)  

If the Secretary of State decides that a person is liable to a penalty the

Secretary of State must notify the person.

      (2)  

The notification must—

(a)   

state the Secretary of State’s reasons for the decision;

(b)   

state the amount of the penalty;

(c)   

specify the date by which and manner in which the penalty must be

paid;

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EXPLANATORY NOTES

 
 

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Schedule 20 — Rail vehicle accessibility: compliance

 
 

(d)   

explain how the person may object to the penalty.

      (3)  

The person may give the Secretary of State notice of objection to the penalty

on the ground that—

(a)   

the person is not liable to the penalty, or

(b)   

the amount of the penalty is too high.

      (4)  

A notice of objection must—

(a)   

be in writing;

(b)   

give the reasons for the objection;

(c)   

be given before the end of the period prescribed for the purposes of

this sub-paragraph.

      (5)  

On considering a notice of objection the Secretary of State may—

(a)   

cancel the penalty;

(b)   

reduce the amount of the penalty;

(c)   

do neither of these things.

      (6)  

The Secretary of State must inform the objector of the decision under sub-

paragraph (5) before the end of the period prescribed for the purposes of this

sub-paragraph (or such longer period as is agreed with the objector).

Penalties: appeals

12    (1)  

A person may appeal to the court against a penalty on the ground that—

(a)   

the person is not liable to the penalty;

(b)   

the amount of the penalty is too high.

      (2)  

The court may—

(a)   

allow the appeal and cancel the penalty;

(b)   

allow the appeal and reduce the amount of the penalty;

(c)   

dismiss the appeal.

      (3)  

An appeal under this section is a re-hearing of the Secretary of State’s

decision and is to be determined having regard to—

(a)   

any code of practice under paragraph 10 which has effect at the time

of the appeal;

(b)   

any other matter which the court thinks is relevant (whether or not

the Secretary of State was aware of it).

      (4)  

An appeal may be brought under this section whether or not—

(a)   

the person has given notice of objection under paragraph 11(3);

(b)   

the penalty has been reduced under paragraph 11(5).

      (5)  

In this section “the court” is—

(a)   

in England and Wales, a county court;

(b)   

in Scotland, the sheriff.

      (6)  

The sheriff may transfer the proceedings to the Court of Session.

      (7)  

If the sheriff makes a determination under sub-paragraph (2), a party to the

proceedings may appeal against the determination on a point of law to—

(a)   

the Sheriff Principal, or

(b)   

the Court of Session.

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Schedule 20 — Rail vehicle accessibility: compliance

 
 

Schedule 21: Reasonable adjustments: supplementary

Effect

925. The provisions in this Schedule apply to earlier Schedules in the Bill dealing with

reasonable adjustments where a person providing services or carrying out public functions, an

employer, an education provider or an association is required to consider reasonable

adjustments to premises which it rents and would require landlord consent to do so. It sets out

what steps it is reasonable for a person to take in discharging a duty to make reasonable

adjustments in a case where a binding agreement requires that consent must be obtained from

a third party before that person may proceed to make the adjustment to let premises or the

common parts of let premises.

926. Where a person wishes to make an adjustment in order to fulfil a duty to make

reasonable adjustments but is unable to do so, the Schedule enables the adjustment to be made

by deeming the tenancy to include certain provisions. For example the tenancy may have

effect as if a tenant is able to make alterations with the consent of the landlord.

927. Where a landlord has refused consent to an alteration or gives consent subject to a

condition, the person requesting the consent (or a disabled person who has an interest in the

alteration being made) can refer the refusal (or the conditional consent) to a county or sheriff

court.

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Schedule 21 — Reasonable adjustments: supplementary

 
 

Forgery etc.

13    (1)  

Section 181 has effect—

(a)   

as if a compliance certificate were a “relevant document”;

(b)   

as if subsection (4) included a reference to a compliance certificate.

      (2)  

A person commits an offence by pretending, with intent to deceive, to be a

person authorised to exercise a power under paragraph 7.

      (3)  

A person guilty of an offence under sub-paragraph (2) is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

Regulations

14         

A power to make regulations under this Schedule is exercisable by the

Secretary of State.

Interpretation

15    (1)  

In this Schedule—

“compliance assessment” has the meaning given in paragraph 1(5);

“compliance certificate” has the meaning given in paragraph 1(2);

“operator”, in relation to a rail vehicle, means the person having the

management of the vehicle.

      (2)  

If an exemption order under section 176 authorises the use of a rail vehicle

even though the vehicle does not conform with a provision of rail vehicle

accessibility regulations, a reference in this Schedule to provisions of rail

vehicle accessibility regulations with which the vehicle is required to

conform does not, in relation to the vehicle, include a reference to that

provision.

Schedule 21

Section 182

 

Reasonable adjustments: supplementary

Preliminary

1          

This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.

Binding obligations, etc.

2     (1)  

This paragraph applies if—

(a)   

a binding obligation requires A to obtain the consent of another

person to an alteration of premises which A occupies,

(b)   

where A is a controller of let premises, a binding obligation requires

A to obtain the consent of another person to a variation of a term of

the tenancy, or

(c)   

where A is a responsible person in relation to common parts, a

binding obligation requires A to obtain the consent of another person

to an alteration of the common parts.

      (2)  

For the purpose of discharging a duty to make reasonable adjustments—

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Schedule 21 — Reasonable adjustments: supplementary

 
 

928. The Schedule also provides for a landlord to be joined as a party to proceedings before

an employment tribunal, county or sheriff court where a disabled person is bringing an action

under the reasonable adjustment duty.

929. The Schedule provides a power to make regulations about matters such as when a

landlord is taken to have refused consent, when such refusal is unreasonable and when it is

reasonable. Words and phrases used in the Schedule are interpreted consistently with the parts

of the Bill to which it cross-refers.

Background

930. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. It

also applies in relation to the new duty to make alterations to the physical features of common

parts of let and commonhold residential premises.

Examples

• An insurance company works from a rented two storey building and has plans to

install a stair lift to make the building more accessible to employees with mobility

impairments. The terms of the lease preclude alterations to the staircase. The company

writes to the landlord for permission to make the alteration. The landlord consults the

superior landlord who agrees to waive this condition of the lease thereby allowing the

installation of the chair lift to proceed. However, as a condition of consent, the

landlord requires that the chair lift is removed on surrender of the lease.

A disabled tenant asks to have automated doors put in at the entrance of her block of flats. Her

landlord would like to agree but is unable to do so as he is a tenant of a superior landlord who

does not agree to the alteration. The tenant’s remedy is to bring an action against her landlord

in the county court where she can ask that the superior landlord is brought in as an additional

party to the case. The court can order the alteration to be made and order the superior landlord

to pay compensation if it finds he has acted unreasonably in refusing his consent.

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