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Interpretation: paragraph 14 |
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922. This paragraph defines what is meant by the terms “compliance assessment”, |
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“compliance certificate” and “operator” in relation to this Schedule. |
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923. Under sub-paragraph (2), if a rail vehicle to which this Schedule applies is the subject |
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of an exemption order, issued under Clause 176, then a reference in this Schedule to a rail |
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vehicle accessibility requirement will not include a requirement from which that vehicle is |
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924. This paragraph replicates elements of the provisions of section 47M of the Disability |
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Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force). |
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Penalties: amount, due date and recovery |
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9 (1) | In this paragraph and paragraphs 10 to 12 “penalty” means a penalty under |
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(2) | The amount of a penalty must not exceed whichever is the lesser of— |
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(a) | the maximum prescribed for the purposes of this sub-paragraph; |
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(b) | 10% of the turnover of the person on whom it is imposed. |
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(3) | Turnover is to be determined by such means as are prescribed. |
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(4) | A penalty must be paid to the Secretary of State before the end of the |
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(5) | A sum payable as a penalty may be recovered as a debt due to the Secretary |
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(6) | In proceedings for recovery of a penalty no question may be raised as to— |
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(a) | liability to the penalty; |
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(7) | Sums paid to the Secretary of State as a penalty must be paid into the |
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Penalties: code of practice |
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10 (1) | The Secretary of State must issue a code of practice specifying matters to be |
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considered in determining the amount of a penalty. |
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(2) | The Secretary of State may— |
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(a) | revise the whole or part of the code; |
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(b) | issue the code as revised. |
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(3) | Before issuing the code the Secretary of State must lay a draft of it before |
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(4) | After laying the draft before Parliament, the Secretary of State may bring the |
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code into operation by order. |
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(5) | The Secretary of State must have regard to the code and any other relevant |
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(a) | when imposing a penalty; |
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(b) | when considering an objection under paragraph 11. |
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(6) | In sub-paragraphs (3) to (5) a reference to the code includes a reference to the |
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11 (1) | If the Secretary of State decides that a person is liable to a penalty the |
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Secretary of State must notify the person. |
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(2) | The notification must— |
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(a) | state the Secretary of State’s reasons for the decision; |
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(b) | state the amount of the penalty; |
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(c) | specify the date by which and manner in which the penalty must be |
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(d) | explain how the person may object to the penalty. |
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(3) | The person may give the Secretary of State notice of objection to the penalty |
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(a) | the person is not liable to the penalty, or |
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(b) | the amount of the penalty is too high. |
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(4) | A notice of objection must— |
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(b) | give the reasons for the objection; |
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(c) | be given before the end of the period prescribed for the purposes of |
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(5) | On considering a notice of objection the Secretary of State may— |
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(b) | reduce the amount of the penalty; |
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(c) | do neither of these things. |
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(6) | The Secretary of State must inform the objector of the decision under sub- |
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paragraph (5) before the end of the period prescribed for the purposes of this |
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sub-paragraph (or such longer period as is agreed with the objector). |
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12 (1) | A person may appeal to the court against a penalty on the ground that— |
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(a) | the person is not liable to the penalty; |
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(b) | the amount of the penalty is too high. |
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(a) | allow the appeal and cancel the penalty; |
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(b) | allow the appeal and reduce the amount of the penalty; |
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(3) | An appeal under this section is a re-hearing of the Secretary of State’s |
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decision and is to be determined having regard to— |
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(a) | any code of practice under paragraph 10 which has effect at the time |
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(b) | any other matter which the court thinks is relevant (whether or not |
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the Secretary of State was aware of it). |
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(4) | An appeal may be brought under this section whether or not— |
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(a) | the person has given notice of objection under paragraph 11(3); |
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(b) | the penalty has been reduced under paragraph 11(5). |
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(5) | In this section “the court” is— |
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(a) | in England and Wales, a county court; |
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(b) | in Scotland, the sheriff. |
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(6) | The sheriff may transfer the proceedings to the Court of Session. |
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(7) | If the sheriff makes a determination under sub-paragraph (2), a party to the |
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proceedings may appeal against the determination on a point of law to— |
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(a) | the Sheriff Principal, or |
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(b) | the Court of Session. |
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Schedule 21: Reasonable adjustments: supplementary |
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925. The provisions in this Schedule apply to earlier Schedules in the Bill dealing with |
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reasonable adjustments where a person providing services or carrying out public functions, an |
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employer, an education provider or an association is required to consider reasonable |
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adjustments to premises which it rents and would require landlord consent to do so. It sets out |
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what steps it is reasonable for a person to take in discharging a duty to make reasonable |
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adjustments in a case where a binding agreement requires that consent must be obtained from |
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a third party before that person may proceed to make the adjustment to let premises or the |
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common parts of let premises. |
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926. Where a person wishes to make an adjustment in order to fulfil a duty to make |
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reasonable adjustments but is unable to do so, the Schedule enables the adjustment to be made |
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by deeming the tenancy to include certain provisions. For example the tenancy may have |
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effect as if a tenant is able to make alterations with the consent of the landlord. |
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927. Where a landlord has refused consent to an alteration or gives consent subject to a |
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condition, the person requesting the consent (or a disabled person who has an interest in the |
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alteration being made) can refer the refusal (or the conditional consent) to a county or sheriff |
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13 (1) | Section 181 has effect— |
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(a) | as if a compliance certificate were a “relevant document”; |
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(b) | as if subsection (4) included a reference to a compliance certificate. |
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(2) | A person commits an offence by pretending, with intent to deceive, to be a |
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person authorised to exercise a power under paragraph 7. |
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(3) | A person guilty of an offence under sub-paragraph (2) is liable on summary |
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conviction to a fine not exceeding level 4 on the standard scale. |
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14 | A power to make regulations under this Schedule is exercisable by the |
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“compliance assessment” has the meaning given in paragraph 1(5); |
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“compliance certificate” has the meaning given in paragraph 1(2); |
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“operator”, in relation to a rail vehicle, means the person having the |
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management of the vehicle. |
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(2) | If an exemption order under section 176 authorises the use of a rail vehicle |
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even though the vehicle does not conform with a provision of rail vehicle |
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accessibility regulations, a reference in this Schedule to provisions of rail |
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vehicle accessibility regulations with which the vehicle is required to |
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conform does not, in relation to the vehicle, include a reference to that |
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Reasonable adjustments: supplementary |
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1 | This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15. |
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Binding obligations, etc. |
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2 (1) | This paragraph applies if— |
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(a) | a binding obligation requires A to obtain the consent of another |
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person to an alteration of premises which A occupies, |
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(b) | where A is a controller of let premises, a binding obligation requires |
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A to obtain the consent of another person to a variation of a term of |
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(c) | where A is a responsible person in relation to common parts, a |
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binding obligation requires A to obtain the consent of another person |
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to an alteration of the common parts. |
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(2) | For the purpose of discharging a duty to make reasonable adjustments— |
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928. The Schedule also provides for a landlord to be joined as a party to proceedings before |
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an employment tribunal, county or sheriff court where a disabled person is bringing an action |
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under the reasonable adjustment duty. |
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929. The Schedule provides a power to make regulations about matters such as when a |
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landlord is taken to have refused consent, when such refusal is unreasonable and when it is |
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reasonable. Words and phrases used in the Schedule are interpreted consistently with the parts |
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of the Bill to which it cross-refers. |
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930. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. It |
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also applies in relation to the new duty to make alterations to the physical features of common |
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parts of let and commonhold residential premises. |
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• An insurance company works from a rented two storey building and has plans to |
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install a stair lift to make the building more accessible to employees with mobility |
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impairments. The terms of the lease preclude alterations to the staircase. The company |
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writes to the landlord for permission to make the alteration. The landlord consults the |
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superior landlord who agrees to waive this condition of the lease thereby allowing the |
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installation of the chair lift to proceed. However, as a condition of consent, the |
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landlord requires that the chair lift is removed on surrender of the lease. |
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A disabled tenant asks to have automated doors put in at the entrance of her block of flats. Her |
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landlord would like to agree but is unable to do so as he is a tenant of a superior landlord who |
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does not agree to the alteration. The tenant’s remedy is to bring an action against her landlord |
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in the county court where she can ask that the superior landlord is brought in as an additional |
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party to the case. The court can order the alteration to be made and order the superior landlord |
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to pay compensation if it finds he has acted unreasonably in refusing his consent. |
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