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Equality Bill


Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles

110

 

175     

Fees

(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

certificates;

(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

Fund.

10

(3)   

The power to make regulations under subsection (1) is exercisable by the

Secretary of State.

(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.

176     

Interpretation

In this Chapter—

“accessibility certificate” has the meaning given in section 171(1);

“approval certificate” has the meaning given in section 172(4);

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“PSV accessibility regulations” has the meaning given in section 169(1);

“regulated public service vehicle” has the meaning given in section 169(3).

Chapter 3

Rail vehicles

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

persons—

(a)   

to get on to and off regulated rail vehicles in safety and without

unreasonable difficulty;

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

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles

111

 

(f)   

the location and floor area of the wheelchair accommodation to be

provided in vehicles;

(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

circumstances;

(c)   

as respects different networks.

(4)   

In this section—

“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.

(5)   

In subsection (4)—

“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

Works Act 1992.

(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

State must consult—

(a)   

the Disabled Persons Transport Advisory Committee, and

(b)   

such other representative organisations as the Secretary of State thinks

fit.

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

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles

112

 

(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

State may—

(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

thinks appropriate;

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

either House.

(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

consult—

40

(a)   

the Disabled Persons Transport Advisory Committee; and

(b)   

such other persons as the Secretary of State considers appropriate.

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 4 — Supplementary

113

 

180     

Annual report on exemption orders

(1)   

After the end of each calendar year the Secretary of State must prepare a report

on—

(a)   

the exercise in that year of the power to make orders under section

178(1);

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

year.

182     

Interpretation

(1)   

In this Chapter—

“rail vehicle” and “regulated rail vehicle” have the meaning given in

20

section 177(4);

“rail vehicle accessibility regulations” has the meaning given in section

177(1).

(2)   

For the purposes of this Chapter a vehicle is used “for carriage” if it is used for

the carriage of passengers.

25

Chapter 4

Supplementary

183     

Forgery etc.

(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

relevant document.

 
 

Equality Bill
Part 13 — Disability: miscellaneous

114

 

(3)   

A person guilty of an offence under subsection (2) is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

(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.

Part 13

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

following applies—

(a)   

the tenancy is not a protected tenancy, a statutory tenancy or a secure

tenancy;

(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

improvement.

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

withheld.

(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

been given.

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.

 
 

Equality Bill
Part 14 — General exceptions

115

 

(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

made by the lease.

(9)   

In this section—

5

“improvement” means an alteration in or addition to the premises and

includes—

(a)   

an addition to or alteration in the landlord’s fittings and

fixtures;

(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

1977;

“statutory tenancy” is to be construed in accordance with section 2 of that

Act;

“secure tenancy” has the same meaning as in section 79 of the Housing Act

20

1985.

Part 14

General exceptions

186     

Statutory provisions

Schedule 22 (statutory provisions) has effect.

25

187     

National security

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

purpose.

188     

Charities

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

 
 

Equality Bill
Part 14 — General exceptions

116

 

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,

or

(b)   

if the original class is defined by reference only to colour, to persons

10

generally.

(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

a requirement.

(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—

(a)   

section 37;

(b)   

section 38;

(c)   

section 39;

(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.

(3)   

“Charity”—

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

Register.

(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;

 
 

 
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