|
| |
|
(g) | with respect to the issue of copies of certificates in place of those |
| |
which have been lost or destroyed. |
| |
Regulations as to compliance assessments |
| |
3 (1) | Regulations may make provision as to compliance assessments. |
| |
| 5 |
(a) | may make provision as to the person who has to have carried out the |
| |
| |
(b) | may (in particular) require that the assessment be one carried out by |
| |
a person who has been appointed by the Secretary of State to carry |
| |
out compliance assessments (an “appointed assessor”). |
| 10 |
(3) | For the purposes of any provisions in the regulations made by virtue of sub- |
| |
paragraph (2)(b), the regulations— |
| |
(a) | may make provision about appointments of appointed assessors, |
| |
including (in particular)— |
| |
(i) | provision for an appointment to be on application or |
| 15 |
otherwise than on application; |
| |
(ii) | provision as to who may be appointed; |
| |
(iii) | provision as to the form of applications for appointment; |
| |
(iv) | provision as to information to be supplied with applications |
| |
| 20 |
(v) | provision as to terms and conditions, or the period or |
| |
termination, of an appointment; |
| |
(vi) | provision for terms and conditions of an appointment, |
| |
including any as to its period or termination, to be as agreed |
| |
by the Secretary of State when making the appointment; |
| 25 |
(b) | may make provision authorising an appointed assessor to charge |
| |
fees in connection with, or incidental to, the carrying out of a |
| |
compliance assessment, including (in particular)— |
| |
(i) | provision restricting the amount of a fee; |
| |
(ii) | provision authorising fees that contain a profit element; |
| 30 |
(iii) | provision for advance payment of fees; |
| |
(c) | may make provision requiring an appointed assessor to carry out a |
| |
compliance assessment, and to do so in accordance with any |
| |
procedures that may be prescribed, if prescribed conditions (which |
| |
may include conditions as to the payment of fees to the assessor) are |
| 35 |
| |
(d) | must make provision for the referral to the Secretary of State of |
| |
| |
(i) | an appointed assessor carrying out a compliance assessment, |
| |
| 40 |
(ii) | the person who requested the assessment, |
| |
| relating to which provisions of rail vehicle accessibility regulations |
| |
the vehicle is to be assessed against or to what amounts to conformity |
| |
with any of those provisions. |
| |
(4) | For the purposes of sub-paragraph (3)(b) to (d) a compliance assessment |
| 45 |
includes pre-assessment activities (for example, a consideration of how the |
| |
outcome of a compliance assessment would be affected by the carrying out |
| |
of particular proposed work). |
| |
|
| |
|
| |
|
Fees in respect of compliance certificates |
| |
4 (1) | The Secretary of State may charge such fees, payable at such times, as are |
| |
prescribed in respect of— |
| |
(a) | applications for, and the issue of, compliance certificates; |
| |
(b) | copies of compliance certificates; |
| 5 |
(c) | reviews under paragraph 1(7); |
| |
(d) | referrals of disputes under provision made by virtue of paragraph |
| |
| |
(2) | Fees received by the Secretary of State must be paid into the Consolidated |
| |
| 10 |
(3) | Regulations under this paragraph may make provision for the repayment of |
| |
fees, in whole or in part, in such circumstances as are prescribed. |
| |
(4) | Before making regulations under this paragraph the Secretary of State must |
| |
consult such representative organisations as the Secretary of State thinks fit. |
| |
Penalty for using rail vehicle that does not conform with accessibility regulations |
| 15 |
5 (1) | If the Secretary of State thinks that a regulated rail vehicle does not conform |
| |
with a provision of rail vehicle accessibility regulations with which it is |
| |
required to conform, the Secretary of State may give the operator of the |
| |
| |
(a) | identifying the vehicle, the provision and how the vehicle fails to |
| 20 |
| |
(b) | specifying the improvement deadline. |
| |
(2) | The improvement deadline may not be earlier than the end of the prescribed |
| |
period beginning with the day the notice is given. |
| |
(3) | Sub-paragraph (4) applies if— |
| 25 |
(a) | the Secretary of State has given a notice under sub-paragraph (1), |
| |
(b) | the improvement deadline specified in the notice has passed, and |
| |
(c) | the Secretary of State thinks that the vehicle still does not conform |
| |
with the provision identified in the notice. |
| |
(4) | The Secretary of State may give the operator a further notice— |
| 30 |
(a) | identifying the vehicle, the provision and how the vehicle fails to |
| |
| |
(b) | specifying the final deadline. |
| |
(5) | The final deadline may not be earlier than the end of the prescribed period |
| |
beginning with the day the further notice is given. |
| 35 |
(6) | The Secretary of State may require the operator to pay a penalty if— |
| |
(a) | the Secretary of State has given notice under sub-paragraph (4), and |
| |
(b) | the vehicle is used for carriage at a time after the final deadline when |
| |
the vehicle does not conform with the provision identified in the |
| |
| 40 |
Penalty for using rail vehicle otherwise than in conformity with accessibility regulations |
| |
6 (1) | If the Secretary of State thinks that a regulated rail vehicle has been used for |
| |
carriage otherwise than in conformity with a provision of rail vehicle |
| |
|
| |
|
| |
|
accessibility regulations with which the use of the vehicle is required to |
| |
conform, the Secretary of State may give the operator of the vehicle a |
| |
| |
(a) | identifying the provision and how it was breached; |
| |
(b) | identifying each vehicle operated by the operator that is covered by |
| 5 |
| |
(c) | specifying the improvement deadline. |
| |
(2) | The improvement deadline may not be earlier than the end of the prescribed |
| |
period beginning with the day the notice is given. |
| |
(3) | Sub-paragraph (4) applies if— |
| 10 |
(a) | the Secretary of State has given a notice under sub-paragraph (1), |
| |
(b) | the improvement deadline specified in the notice has passed, and |
| |
(c) | the Secretary of State thinks that a vehicle covered by the notice has |
| |
after that deadline been used for carriage otherwise than in |
| |
conformity with the provision identified in the notice. |
| 15 |
(4) | The Secretary of State may give the operator a further notice— |
| |
(a) | identifying the provision and how it was breached; |
| |
(b) | identifying each vehicle operated by the operator that is covered by |
| |
| |
(c) | specifying the final deadline. |
| 20 |
(5) | The final deadline may not be earlier than the end of the prescribed period |
| |
beginning with the day the further notice is given. |
| |
(6) | The Secretary of State may require the operator to pay a penalty if— |
| |
(a) | the Secretary of State has given notice under sub-paragraph (4), and |
| |
(b) | a vehicle covered by the notice is at a time after the final deadline |
| 25 |
used for carriage otherwise than in conformity with the provision |
| |
identified in the notice. |
| |
Inspection of rail vehicles |
| |
7 (1) | If the condition in sub-paragraph (2) is satisfied, a person authorised by the |
| |
Secretary of State (an “inspector”) may inspect a regulated rail vehicle for |
| 30 |
conformity with provisions of the accessibility regulations with which it is |
| |
| |
(2) | The condition is that the Secretary of State— |
| |
(a) | has reasonable grounds for suspecting that the vehicle does not |
| |
conform with such provisions, or |
| 35 |
(b) | has given a notice under paragraph 5(1) or (4) relating to the vehicle. |
| |
(3) | For the purpose of exercising the power under sub-paragraph (1) an |
| |
| |
(a) | enter premises if the inspector has reasonable grounds for suspecting |
| |
that the vehicle is at the premises; |
| 40 |
| |
(c) | require any person to afford such facilities and assistance with |
| |
respect to matters under the person’s control as are necessary to |
| |
enable the inspector to exercise the power. |
| |
|
| |
|
| |
|
(4) | An inspector must, if required to do so, produce evidence of the Secretary of |
| |
| |
(5) | For the purposes of paragraph 5(1) the Secretary of State may draw such |
| |
inferences as appear proper from any obstruction of the exercise of the |
| |
power under sub-paragraph (1). |
| 5 |
(6) | Sub-paragraphs (7) and (8) apply if the power under sub-paragraph (1) is |
| |
exercisable by virtue of sub-paragraph (2)(b). |
| |
(7) | The Secretary of State may treat paragraph 5(3)(c) as satisfied in relation to a |
| |
| |
(a) | the inspector takes steps to exercise the power after a notice is given |
| 10 |
under paragraph 5(1) but before a notice is given under paragraph |
| |
| |
(b) | a person obstructs the exercise of the power. |
| |
(8) | The Secretary of State may require the operator of a vehicle to pay a penalty |
| |
| 15 |
(a) | the operator, or a person acting on the operator’s behalf, |
| |
intentionally obstructs the exercise of the power, and |
| |
(b) | the obstruction occurs after a notice has been given under paragraph |
| |
5(4) in respect of the vehicle. |
| |
(9) | In this paragraph “inspect” includes test. |
| 20 |
| |
8 (1) | For the purposes of paragraph 5 the Secretary of State may give notice to a |
| |
person requiring the person to supply the Secretary of State by a time |
| |
specified in the notice with a vehicle number or other identifier for a rail |
| |
| 25 |
(a) | of which the person is the operator, and |
| |
(b) | which is specified in the notice. |
| |
(2) | The time specified may not be earlier than the end of the period of 14 days |
| |
beginning with the day the notice is given. |
| |
(3) | If the person does not comply with the notice, the Secretary of State may |
| 30 |
require the person to pay a penalty. |
| |
(4) | If the Secretary of State has given a notice to a person under paragraph 5(1) |
| |
or 6(1), the Secretary of State may request the person to supply the Secretary |
| |
of State, by a time specified in the request, with a statement detailing the |
| |
steps taken in response to the notice. |
| 35 |
(5) | The time specified may not be earlier than the improvement deadline. |
| |
(6) | The Secretary of State may treat paragraph 5(3)(c) or (as the case may be) |
| |
paragraph 6(3)(c) as being satisfied in relation to a vehicle if a request under |
| |
sub-paragraph (4) is not complied with by the time specified. |
| |
Penalties: amount, due date and recovery |
| 40 |
9 (1) | In this paragraph and paragraphs 10 to 12 “penalty” means a penalty under |
| |
| |
(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 |
| |
| 5 |
(5) | A sum payable as a penalty may be recovered as a debt due to the Secretary |
| |
| |
(6) | In proceedings for recovery of a penalty no question may be raised as to— |
| |
(a) | liability to the penalty; |
| |
| 10 |
(7) | Sums paid to the Secretary of State as a penalty must be paid into the |
| |
| |
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. |
| 15 |
(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 |
| |
| 20 |
(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 |
| |
| |
(a) | when imposing a penalty; |
| 25 |
(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 |
| |
| |
| |
11 (1) | If the Secretary of State decides that a person is liable to a penalty the |
| 30 |
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 |
| 35 |
| |
(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 |
| |
| |
(a) | the person is not liable to the penalty, or |
| 40 |
(b) | the amount of the penalty is too high. |
| |
|
| |
|
| |
|
(4) | A notice of objection must— |
| |
| |
(b) | give the reasons for the objection; |
| |
(c) | be given before the end of the period prescribed for the purposes of |
| |
| 5 |
(5) | On considering a notice of objection the Secretary of State may— |
| |
| |
(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- |
| 10 |
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). |
| |
| |
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; |
| 15 |
(b) | the amount of the penalty is too high. |
| |
| |
(a) | allow the appeal and cancel the penalty; |
| |
(b) | allow the appeal and reduce the amount of the penalty; |
| |
| 20 |
(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 |
| |
| |
(b) | any other matter which the court thinks is relevant (whether or not |
| 25 |
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— |
| 30 |
(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— |
| 35 |
(a) | the Sheriff Principal, or |
| |
(b) | the Court of Session. |
| |
| |
13 (1) | Section 183 has effect— |
| |
(a) | as if a compliance certificate were a “relevant document”; |
| 40 |
(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. |
| |
| 5 |
14 | A power to make regulations under this Schedule is exercisable by the |
| |
| |
| |
| |
“compliance assessment” has the meaning given in paragraph 1(5); |
| 10 |
“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 178 authorises the use of a rail vehicle |
| |
even though the vehicle does not conform with a provision of rail vehicle |
| 15 |
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 |
| |
| |
| 20 |
| |
Reasonable adjustments: supplementary |
| |
| |
1 | This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15. |
| |
Binding obligations, etc. |
| |
2 (1) | This paragraph applies if— |
| 25 |
(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 |
| |
| 30 |
(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— |
| |
(a) | it is always reasonable for A to have to take steps to obtain the |
| 35 |
| |
(b) | it is never reasonable for A to have to make the alteration before the |
| |
| |
|
| |
|