Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance
208

(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;
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
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).

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Schedule 20 — Rail vehicle accessibility: compliance
209

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

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Schedule 20 — Rail vehicle accessibility: compliance
210

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.

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Schedule 20 — Rail vehicle accessibility: compliance
211

      (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.
20
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—

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Schedule 20 — Rail vehicle accessibility: compliance
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(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.

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Schedule 20 — Rail vehicle accessibility: compliance
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      (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 187 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.

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Schedule 21 — Reasonable adjustments: supplementary
214

      (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 182 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 188

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.