|
| |
|
| |
(1) | The Secretary of State may charge such fees, payable at such times, as are |
| |
prescribed in respect of— |
| |
(a) | applications for, and grants of, approval under section 172(1); |
| |
(b) | applications for, and the issue of, accessibility certificates and approval |
| 5 |
| |
(c) | copies of such certificates; |
| |
(d) | reviews and appeals under section 174. |
| |
(2) | Fees received by the Secretary of State must be paid into the Consolidated |
| |
| 10 |
(3) | The power to make regulations under subsection (1) is exercisable by the |
| |
| |
(4) | The regulations may make provision for the repayment of fees, in whole or in |
| |
part, in such circumstances as are prescribed. |
| |
(5) | Before making the regulations the Secretary of State must consult such |
| 15 |
representative organisations as the Secretary of State thinks fit. |
| |
| |
| |
“accessibility certificate” has the meaning given in section 171(1); |
| |
“approval certificate” has the meaning given in section 172(4); |
| 20 |
“PSV accessibility regulations” has the meaning given in section 169(1); |
| |
“regulated public service vehicle” has the meaning given in section 169(3). |
| |
| |
| |
177 | Rail vehicle accessibility regulations |
| 25 |
(1) | The Secretary of State may make regulations (in this Chapter referred to as “rail |
| |
vehicle accessibility regulations”) for securing that it is possible for disabled |
| |
| |
(a) | to get on to and off regulated rail vehicles in safety and without |
| |
| 30 |
(b) | to do so while in wheelchairs; |
| |
(c) | to travel in such vehicles in safety and reasonable comfort; |
| |
(d) | to do so while in wheelchairs. |
| |
(2) | The regulations may, in particular, make provision as to the construction, use |
| |
and maintenance of regulated rail vehicles including provision as to— |
| 35 |
(a) | the fitting of equipment to vehicles; |
| |
(b) | equipment to be carried by vehicles; |
| |
(c) | the design of equipment to be fitted to, or carried by, vehicles; |
| |
(d) | the use of equipment fitted to, or carried by, vehicles; |
| |
(e) | the toilet facilities to be provided in vehicles; |
| 40 |
|
| |
|
| |
|
(f) | the location and floor area of the wheelchair accommodation to be |
| |
| |
(g) | assistance to be given to disabled persons. |
| |
(3) | The regulations may contain different provision— |
| |
(a) | as respects different classes or descriptions of rail vehicle; |
| 5 |
(b) | as respects the same class or description of rail vehicle in different |
| |
| |
(c) | as respects different networks. |
| |
| |
“network” means any permanent way or other means of guiding or |
| 10 |
supporting rail vehicles, or any section of it; |
| |
“rail vehicle” means a vehicle constructed or adapted to carry passengers |
| |
on a railway, tramway or prescribed system other than a vehicle used |
| |
in the provision of a service for the carriage of passengers on the high- |
| |
speed rail system or the conventional TEN rail system; |
| 15 |
“regulated rail vehicle” means a rail vehicle to which provisions of rail |
| |
vehicle accessibility regulations are expressed to apply. |
| |
| |
“conventional TEN rail system” and “high-speed rail system” have the |
| |
meaning given in regulation 2(3) of the Railways (Interoperability) |
| 20 |
Regulations 2006 (S.I. 2006/397); |
| |
“prescribed system” means a system using a mode of guided transport |
| |
(“guided transport” having the same meaning as in the Transport and |
| |
Works Act 1992) that is specified in rail vehicle accessibility regulations; |
| |
“railway” and “tramway” have the same meaning as in the Transport and |
| 25 |
| |
(6) | The Secretary of State must exercise the power to make rail vehicle accessibility |
| |
regulations so as to secure that on and after 1 January 2020 every rail vehicle is |
| |
a regulated rail vehicle. |
| |
(7) | Subsection (6) does not affect subsection (3), section 178(1) or section 196(4)(a). |
| 30 |
(8) | Before making regulations under subsection (1) or section 178 the Secretary of |
| |
| |
(a) | the Disabled Persons Transport Advisory Committee, and |
| |
(b) | such other representative organisations as the Secretary of State thinks |
| |
| 35 |
178 | Exemptions from rail vehicle accessibility regulations |
| |
(1) | The Secretary of State may by order (an “exemption order”)— |
| |
(a) | authorise the use for carriage of a regulated rail vehicle even though the |
| |
vehicle does not conform with the provisions of rail vehicle |
| |
accessibility regulations with which it is required to conform; |
| 40 |
(b) | authorise a regulated rail vehicle to be used for carriage otherwise than |
| |
in conformity with the provisions of rail vehicle accessibility |
| |
regulations with which use of the vehicle is required to conform. |
| |
(2) | Authority under subsection (1)(a) or (b) may be for— |
| |
(a) | a regulated rail vehicle that is specified or of a specified description, |
| 45 |
(b) | use in specified circumstances of a regulated rail vehicle, or |
| |
|
| |
|
| |
|
(c) | use in specified circumstances of a regulated rail vehicle that is |
| |
specified or of a specified description. |
| |
(3) | The Secretary of State may by regulations make provision as to exemption |
| |
orders including, in particular, provision as to— |
| |
(a) | the persons by whom applications for exemption orders may be made; |
| 5 |
(b) | the form in which applications are to be made; |
| |
(c) | information to be supplied in connection with applications; |
| |
(d) | the period for which exemption orders are to continue in force; |
| |
(e) | the revocation of exemption orders. |
| |
(4) | After consulting the Disabled Persons Transport Advisory Committee and |
| 10 |
such other persons as the Secretary of State thinks appropriate, the Secretary of |
| |
| |
(a) | make an exemption order in the terms of the application for the order; |
| |
(b) | make an exemption order in such other terms as the Secretary of State |
| |
| 15 |
(c) | refuse to make an exemption order. |
| |
(5) | The Secretary of State may make an exemption order subject to such conditions |
| |
and restrictions as are specified. |
| |
(6) | “Specified” means specified in an exemption order. |
| |
179 | Procedure for making exemption orders |
| 20 |
(1) | A statutory instrument that contains an order under section 178(1), if made |
| |
without a draft having been laid before, and approved by a resolution of, each |
| |
House of Parliament, is subject to annulment in pursuance of a resolution of |
| |
| |
(2) | The Secretary of State must consult the Disabled Persons Transport Advisory |
| 25 |
Committee before deciding which of the parliamentary procedures available |
| |
under subsection (1) is to be adopted in connection with the making of any |
| |
particular order under section 178(1). |
| |
(3) | An order under section 178(1) may be made without a draft of the instrument |
| |
that contains it having been laid before, and approved by a resolution of, each |
| 30 |
House of Parliament only if— |
| |
(a) | regulations under subsection (4) are in force; and |
| |
(b) | the making of the order without such laying and approval is in |
| |
accordance with the regulations. |
| |
(4) | The Secretary of State may by regulations set out the basis on which the |
| 35 |
Secretary of State, when making an order under section 178(1), will decide |
| |
which of the parliamentary procedures available under subsection (1) is to be |
| |
adopted in connection with the making of the order. |
| |
(5) | Before making regulations under subsection (4), the Secretary of State must |
| |
| 40 |
(a) | the Disabled Persons Transport Advisory Committee; and |
| |
(b) | such other persons as the Secretary of State considers appropriate. |
| |
|
| |
|
| |
|
180 | Annual report on exemption orders |
| |
(1) | After the end of each calendar year the Secretary of State must prepare a report |
| |
| |
(a) | the exercise in that year of the power to make orders under section |
| |
| 5 |
(b) | the exercise in that year of the discretion under section 179(1). |
| |
(2) | A report under subsection (1) must (in particular) contain— |
| |
(a) | details of each order made under section 178(1) in the year in question; |
| |
(b) | details of consultation carried out under sections 178(4) and 179(2) in |
| |
connection with orders made in that year under section 178(1). |
| 10 |
(3) | The Secretary of State must lay before each House of Parliament each report |
| |
prepared under this section. |
| |
181 | Rail vehicle accessibility: compliance |
| |
(1) | Schedule 20 (rail vehicle accessibility: compliance) has effect. |
| |
(2) | This section and that Schedule are repealed at the end of 2010 if the Schedule |
| 15 |
is not brought into force (either fully or to any extent) before the end of that |
| |
| |
| |
| |
“rail vehicle” and “regulated rail vehicle” have the meaning given in |
| 20 |
| |
“rail vehicle accessibility regulations” has the meaning given in section |
| |
| |
(2) | For the purposes of this Chapter a vehicle is used “for carriage” if it is used for |
| |
the carriage of passengers. |
| 25 |
| |
| |
| |
(1) | In this section “relevant document” means— |
| |
(a) | an exemption certificate issued under section 161, 164 or 166; |
| 30 |
(b) | a notice of a kind mentioned in section 161(3)(b), 164(4)(b) or 166(4)(b); |
| |
(c) | an accessibility certificate (see section 171); |
| |
(d) | an approval certificate (see section 172). |
| |
(2) | A person commits an offence if, with intent to deceive, the person— |
| |
(a) | forges, alters or uses a relevant document; |
| 35 |
(b) | lends a relevant document to another person; |
| |
(c) | allows a relevant document to be used by another person; |
| |
(d) | makes or has possession of a document which closely resembles a |
| |
| |
|
| |
|
| |
|
(3) | A person guilty of an offence under subsection (2) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
2 years or to a fine or to both. |
| 5 |
(4) | A person commits an offence by knowingly making a false statement for the |
| |
purpose of obtaining an accessibility certificate or an approval certificate. |
| |
(5) | A person guilty of an offence under subsection (4) is liable on summary |
| |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
| 10 |
Disability: miscellaneous |
| |
184 | Reasonable adjustments |
| |
Schedule 21 (reasonable adjustments: supplementary) has effect. |
| |
185 | Improvements to let dwelling houses |
| |
(1) | This section applies in relation to a lease of a dwelling house if each of the |
| 15 |
| |
(a) | the tenancy is not a protected tenancy, a statutory tenancy or a secure |
| |
| |
(b) | the tenant or another person occupying or intending to occupy the |
| |
premises is a disabled person (D); |
| 20 |
(c) | D occupies or intends to occupy the premises as D’s only or main home; |
| |
(d) | the tenant is entitled, with the consent of the landlord, to make |
| |
improvements to the premises; |
| |
(e) | the tenant applies to the landlord for consent to make a relevant |
| |
| 25 |
(2) | Where the tenant applies in writing for the consent— |
| |
(a) | if the landlord refuses to give consent, the landlord must give the |
| |
tenant a written statement of the reason why the consent was withheld; |
| |
(b) | if the landlord neither gives nor refuses to give consent within a |
| |
reasonable time, consent must be taken to have been unreasonably |
| 30 |
| |
(3) | If the landlord gives consent subject to a condition which is unreasonable, the |
| |
consent must be taken to have been unreasonably withheld. |
| |
(4) | If the landlord’s consent is unreasonably withheld, it must be taken to have |
| |
| 35 |
(5) | On any question as to whether— |
| |
(a) | consent was unreasonably withheld, or |
| |
(b) | a condition imposed was unreasonable, |
| |
| it is for the landlord to show that it was not. |
| |
(6) | If the tenant fails to comply with a reasonable condition imposed by the |
| 40 |
landlord on the making of a relevant improvement, the failure is to be treated |
| |
as a breach by the tenant of an obligation of the tenancy. |
| |
|
| |
|
| |
|
(7) | An improvement to premises is a relevant improvement if, having regard to |
| |
D’s disability, it is likely to facilitate D’s enjoyment of the premises. |
| |
(8) | Subsections (2) to (7) apply only in so far as provision of a like nature is not |
| |
| |
| 5 |
“improvement” means an alteration in or addition to the premises and |
| |
| |
(a) | an addition to or alteration in the landlord’s fittings and |
| |
| |
(b) | an addition or alteration connected with the provision of |
| 10 |
services to the premises; |
| |
(c) | the erection of a wireless or television aerial; |
| |
(d) | carrying out external decoration. |
| |
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” |
| |
are to be construed accordingly; |
| 15 |
“protected tenancy” has the same meaning as in section 1 of the Rent Act |
| |
| |
“statutory tenancy” is to be construed in accordance with section 2 of that |
| |
| |
“secure tenancy” has the same meaning as in section 79 of the Housing Act |
| 20 |
| |
| |
| |
| |
Schedule 22 (statutory provisions) has effect. |
| 25 |
| |
A person does not contravene this Act only by doing, for the purpose of |
| |
safeguarding national security, anything it is proportionate to do for that |
| |
| |
| 30 |
(1) | A person does not contravene this Act only by restricting the provision of |
| |
benefits to persons who share a protected characteristic if— |
| |
(a) | the person acts in pursuance of a charitable instrument, and |
| |
(b) | the provision of the benefits is within subsection (2). |
| |
(2) | The provision of benefits is within this subsection if it is— |
| 35 |
(a) | a proportionate means of achieving a legitimate aim, or |
| |
(b) | for the purpose of preventing or compensating for a disadvantage |
| |
linked to the protected characteristic. |
| |
(3) | It is not a contravention of this Act for— |
| |
(a) | a person who provides supported employment to treat persons who |
| 40 |
have the same disability or a disability of a prescribed description more |
| |
|
| |
|
| |
|
favourably than those who do not have that disability or a disability of |
| |
such a description in providing such employment; |
| |
(b) | a Minister of the Crown to agree to arrangements for the provision of |
| |
supported employment which will, or may, have that effect. |
| |
(4) | If a charitable instrument enables the provision of benefits to persons of a class |
| 5 |
defined by reference to colour, it has effect for all purposes as if it enabled the |
| |
provision of such benefits— |
| |
(a) | to persons of the class which results if the reference to colour is ignored, |
| |
| |
(b) | if the original class is defined by reference only to colour, to persons |
| 10 |
| |
(5) | It is not a contravention of this Act for a charity to require members, or persons |
| |
wishing to become members, to make a statement which asserts or implies |
| |
membership or acceptance of a religion or belief. |
| |
(6) | Subsection (5) applies only if— |
| 15 |
(a) | the charity, or an organisation of which it is part, first imposed such a |
| |
requirement before 18 May 2005, and |
| |
(b) | the charity or organisation has not ceased since that date to impose such |
| |
| |
(7) | It is not a contravention of section 28 for a person, in relation to an activity |
| 20 |
which is carried on for the purpose of promoting or supporting a charity, to |
| |
restrict participation in the activity to persons of one sex. |
| |
(8) | A charity regulator does not contravene this Act only by exercising a function |
| |
in relation to a charity in a manner which the regulator thinks is expedient in |
| |
the interests of the charity, having regard to the charitable instrument. |
| 25 |
(9) | Subsection (1) does not apply to a contravention of— |
| |
| |
| |
| |
(d) | section 53, so far as relating to the provision of vocational training. |
| 30 |
(10) | Subsection (9) does not apply in relation to disability. |
| |
189 | Charities: supplementary |
| |
(1) | This section applies for the purposes of section 188. |
| |
(2) | That section does not apply to race, so far as relating to colour. |
| |
| 35 |
(a) | in relation to England and Wales, has the meaning given by the |
| |
Charities Act 2006 (c. 50); |
| |
(b) | in relation to Scotland, means a body entered in the Scottish Charity |
| |
| |
(4) | “Charitable instrument” means an instrument establishing or governing a |
| 40 |
charity (including an instrument made or having effect before the |
| |
commencement of this section). |
| |
(5) | The charity regulators are— |
| |
(a) | the Charity Commission for England and Wales; |
| |
|
| |
|