Equality Bill

House of Lords

Session 2009 - 10
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Equality Bill

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles
114

178
Reviews and appeals
(1)
Subsection (2) applies if the Secretary of State refuses an application for the
approval of a vehicle under section 176(1) and, before the end of the prescribed
period, the applicant—
(a)
asks the Secretary of State to review the decision, and
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(b)
pays any fee fixed under section 179.
(2)
The Secretary of State must—
(a)
review the decision, and
(b)
in doing so, consider any representations made in writing by the
applicant before the end of the prescribed period.
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(3)
A person applying for an accessibility certificate or an approval certificate may
appeal to the Secretary of State against the refusal of a vehicle examiner to issue
the certificate.
(4)
An appeal must be made within the prescribed time and in the prescribed
manner.
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(5)
Regulations may make provision as to the procedure to be followed in
connection with appeals.
(6)
On the determination of an appeal, the Secretary of State may—
(a)
confirm, vary or reverse the decision appealed against;
(b)
give directions to the vehicle examiner for giving effect to the Secretary
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of State’s decision.
(7)
A power to make regulations under this section is exercisable by the Secretary
of State.
179
Fees
(1)
The Secretary of State may charge such fees, payable at such times, as are
25
prescribed in respect of—
(a)
applications for, and grants of, approval under section 176(1);
(b)
applications for, and the issue of, accessibility certificates and approval
certificates;
(c)
copies of such certificates;
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(d)
reviews and appeals under section 178.
(2)
Fees received by the Secretary of State must be paid into the Consolidated
Fund.
(3)
The power to make regulations under subsection (1) is exercisable by the
Secretary of State.
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(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
representative organisations as the Secretary of State thinks fit.
180
Interpretation
40
In this Chapter—
“accessibility certificate” has the meaning given in section 175(1);

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles
115

“approval certificate” has the meaning given in section 176(4);
“PSV accessibility regulations” has the meaning given in section 173(1);
“regulated public service vehicle” has the meaning given in section 173(3).
Chapter 3
Rail vehicles
5
181
Rail vehicle accessibility regulations
(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
10
unreasonable difficulty;
(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
15
and maintenance of regulated rail vehicles including provision as to—
(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;
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(e)
the toilet facilities to be provided in vehicles;
(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—
25
(a)
as respects different classes or descriptions of rail vehicle;
(b)
as respects the same class or description of rail vehicle in different
circumstances;
(c)
as respects different networks.
(4)
In this section—
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“network” means any permanent way or other means of guiding or
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-
35
speed rail system or the conventional TEN rail system;
“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
40
meaning given in regulation 2(3) of the Railways (Interoperability)
Regulations 2006 (S.I. 2006/397);

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles
116

“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
Works Act 1992.
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(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 182(1) or section 205(4)(a).
(8)
Before making regulations under subsection (1) or section 182 the Secretary of
10
State must consult—
(a)
the Disabled Persons Transport Advisory Committee, and
(b)
such other representative organisations as the Secretary of State thinks
fit.
182
Exemptions from rail vehicle accessibility regulations
15
(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;
(b)
authorise a regulated rail vehicle to be used for carriage otherwise than
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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,
(b)
use in specified circumstances of a regulated rail vehicle, or
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(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;
30
(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
35
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;
40
(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.

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles
117

183
Procedure for making exemption orders
(1)
A statutory instrument that contains an order under section 182(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.
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(2)
The Secretary of State must consult the Disabled Persons Transport Advisory
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 182(1).
(3)
An order under section 182(1) may be made without a draft of the instrument
10
that contains it having been laid before, and approved by a resolution of, each
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.
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(4)
The Secretary of State may by regulations set out the basis on which the
Secretary of State, when making an order under section 182(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
20
consult—
(a)
the Disabled Persons Transport Advisory Committee; and
(b)
such other persons as the Secretary of State considers appropriate.
184
Annual report on exemption orders
(1)
After the end of each calendar year the Secretary of State must prepare a report
25
on—
(a)
the exercise in that year of the power to make orders under section
182(1);
(b)
the exercise in that year of the discretion under section 183(1).
(2)
A report under subsection (1) must (in particular) contain—
30
(a)
details of each order made under section 182(1) in the year in question;
(b)
details of consultation carried out under sections 182(4) and 183(2) in
connection with orders made in that year under section 182(1).
(3)
The Secretary of State must lay before each House of Parliament each report
prepared under this section.
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185
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
is not brought into force (either fully or to any extent) before the end of that
year.
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186
Interpretation
(1)
In this Chapter—

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Part 13 — Disability: miscellaneous
118

“rail vehicle” and “regulated rail vehicle” have the meaning given in
section 181(4);
“rail vehicle accessibility regulations” has the meaning given in section
181(1).
(2)
For the purposes of this Chapter a vehicle is used “for carriage” if it is used for
5
the carriage of passengers.
Chapter 4
Supplementary
187
Forgery, etc.
(1)
In this section “relevant document” means—
10
(a)
an exemption certificate issued under section 165, 168 or 170;
(b)
a notice of a kind mentioned in section 165(3)(b), 168(4)(b) or 170(4)(b);
(c)
an accessibility certificate (see section 175);
(d)
an approval certificate (see section 176).
(2)
A person commits an offence if, with intent to deceive, the person—
15
(a)
forges, alters or uses a relevant document;
(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.
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(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.
25
(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
30
Disability: miscellaneous
188
Reasonable adjustments
Schedule 21 (reasonable adjustments: supplementary) has effect.
189
Improvements to let dwelling houses
(1)
This section applies in relation to a lease of a dwelling house if each of the
35
following applies—
(a)
the tenancy is not a protected tenancy, a statutory tenancy or a secure
tenancy;

Equality Bill
Part 13 — Disability: miscellaneous
119

(b)
the tenant or another person occupying or intending to occupy the
premises is a disabled person (D);
(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;
5
(e)
the tenant applies to the landlord for consent to make a relevant
improvement.
(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;
10
(b)
if the landlord neither gives nor refuses to give consent within a
reasonable time, consent must be taken to have been unreasonably
withheld.
(3)
If the landlord gives consent subject to a condition which is unreasonable, the
consent must be taken to have been unreasonably withheld.
15
(4)
If the landlord’s consent is unreasonably withheld, it must be taken to have
been given.
(5)
On any question as to whether—
(a)
consent was unreasonably withheld, or
(b)
a condition imposed was unreasonable,
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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
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
25
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—
“improvement” means an alteration in or addition to the premises and
30
includes—
(a)
an addition to or alteration in the landlord’s fittings and
fixtures;
(b)
an addition or alteration connected with the provision of
services to the premises;
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(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;
“protected tenancy” has the same meaning as in section 1 of the Rent Act
40
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
1985.
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Equality Bill
Part 14 — General exceptions
120

Part 14
General exceptions
190
Statutory provisions
Schedule 22 (statutory provisions) has effect.
191
National security
5
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.
192
Charities
(1)
A person does not contravene this Act only by restricting the provision of
10
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—
(a)
a proportionate means of achieving a legitimate aim, or
15
(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
have the same disability or a disability of a prescribed description more
20
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
25
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
30
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; and for this purpose
restricting the access by members to a benefit, facility or service to those who
35
make such a statement is to be treated as imposing such a requirement.
(6)
Subsection (5) applies only if—
(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
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a requirement.