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Equality Bill


Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

199

 

(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.

      (2)  

The regulations—

5

(a)   

may make provision as to the person who has to have carried out the

assessment;

(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

for appointment;

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;

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(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

satisfied;

(d)   

must make provision for the referral to the Secretary of State of

disputes between—

(i)   

an appointed assessor carrying out a compliance assessment,

and

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).

 
 

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

200

 

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

3(3)(d).

      (2)  

Fees received by the Secretary of State must be paid into the Consolidated

Fund.

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

vehicle a notice—

(a)   

identifying the vehicle, the provision and how the vehicle fails to

20

conform;

(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

conform;

(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

notice.

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

 
 

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

201

 

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

notice—

(a)   

identifying the provision and how it was breached;

(b)   

identifying each vehicle operated by the operator that is covered by

5

the notice;

(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

the further notice;

(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

required to conform.

      (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

inspector may—

(a)   

enter premises if the inspector has reasonable grounds for suspecting

that the vehicle is at the premises;

40

(b)   

enter the vehicle;

(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.

 
 

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

202

 

      (4)  

An inspector must, if required to do so, produce evidence of the Secretary of

State’s authorisation.

      (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

vehicle if—

(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

5(4), and

(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

if—

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.

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Supplementary powers

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

vehicle—

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

this Schedule.

      (2)  

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

 
 

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

203

 

(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

      (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.

10

      (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.

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

Parliament.

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

matter—

(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

code as revised.

Penalties: procedure

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

paid;

(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

40

(b)   

the amount of the penalty is too high.

 
 

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

204

 

      (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

      (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-

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).

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;

15

(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.

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

of the appeal;

(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.

Forgery etc.

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.

 
 

Equality Bill
Schedule 21 — Reasonable adjustments: supplementary

205

 

      (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

5

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);

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

provision.

Schedule 21

20

Section 184

 

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—

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

the tenancy, or

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

consent, but

(b)   

it is never reasonable for A to have to make the alteration before the

consent is obtained.

 
 

 
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