Disability Discrimination Act 1995

Prospective

32 Taxi accessibility regulations.U.K.

(1)The Secretary of State may make regulations (“taxi accessibility regulations”) for the purpose of securing that it is possible—

(a)for disabled persons—

(i)to get into and out of taxis in safety;

(ii)to be carried in taxis in safety and in reasonable comfort; and

(b)for disabled persons in wheelchairs—

(i)to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and

(ii)to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.

(2)Taxi accessibility regulations may, in particular—

(a)require any regulated taxi to conform with provisions of the regulations as to—

(i)the size of any door opening which is for the use of passengers;

(ii)the floor area of the passenger compartment;

(iii)the amount of headroom in the passenger compartment;

(iv)the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving;

(b)require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(c)require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured.

(3)The driver of a regulated taxi which is plying for hire, or which has been hired, is guilty of an offence if—

(a)he fails to comply with any requirement imposed on him by the regulations; or

(b)the taxi fails to conform with any provision of the regulations with which it is required to conform.

(4)A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)In this section—

• “passenger compartment” has such meaning as may be prescribed;

• “regulated taxi” means any taxi to which the regulations are expressed to apply;

• (a)

  (b)

• [F1“taxi” means a taxi within the meaning of the Taxis Act (Northern Ireland) 2008 which is licensed under section 13 of that Act for use in standing or plying for hire or reward or to carry passengers for hire or reward.]

Prospective

33 Designated transport facilities.U.K.

[F2(1)In this section “a franchise agreement” means a contract entered into by the operator of a designated transport facility for the provision by the other party to the contract of hire car services—

(a)for members of the public using any part of the transport facility; and

(b)which involve vehicles entering any part of that facility.

(2)The [F3appropriate national authority] may by regulations provide for the application of any taxi provision in relation to—

(a)vehicles used for the provision of services under a franchise agreement; or

(b)the drivers of such vehicles.

(3)Any regulations under subsection (2) may apply any taxi provision with such modifications as the [F4authority making the regulations] considers appropriate.

(4)In this section—

• [F5appropriate national authority means—

  (a)

  in relation to transport facilities in England and Wales, the Secretary of State, and

  (b)

  in relation to transport facilities in Scotland, the Scottish Ministers (but see subsection (5));]

• “designated” means designated for the purposes of this section by an order made by the [F3appropriate national authority];

• “hire car” has such meaning as may be [F6specified by regulations made by the appropriate national authority];

• “operator”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility;

• “taxi provision” means any provision of—

  (a)

  this Act, or

  (b)

  regulations made in pursuance of section 20(2A) of the M3Civic Government (Scotland) Act 1982,

  which applies in relation to taxis or the drivers of taxis; and

• “transport facility” means any premises which form part of any port, airport, railway station or bus station.

[F7(5)The Secretary of State may, for the purposes mentioned in section 2(2) of the European Communities Act 1972 (implementation of Community obligations etc. of the United Kingdom), exercise the powers conferred by this section on the Scottish Ministers.]]

Prospective

34 New licences conditional on compliance with taxi accessibility regulations.U.K.

[F8(1)The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed

(2)Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

(3)The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order]

Prospective

35 Exemption from taxi accessibility regulations.U.K.

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

[F5747ARail vehicle accessibility compliance certificatesE+W+S

[F58(1)A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.

(2)Subsection (1) applies to a regulated rail vehicle if the vehicle—

(a)is prescribed; or

(b)is of a prescribed class or description.

(3)A rail vehicle accessibility compliance certificate is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(4)A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.

(5)Subsection (6) applies where—

(a)the Secretary of State refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and

(b)before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 47C.

(6)The Secretary of State shall—

(a)review the decision; and

(b)in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.]]

[F7747ARail vehicle accessibility compliance certificatesN.I.

(1)A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.

(2)Subsection (1) applies to a regulated rail vehicle if the vehicle—

(a)is prescribed; or

(b)is of a prescribed class or description.

(3)A rail vehicle accessibility compliance certificate is a certificate that the Department for Regional Development is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(4)A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.

(5)Subsection (6) applies where—

(a)the Department for Regional Development refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and

(b)before the end of the prescribed period, the applicant asks the Department for Regional Development to review the decision and pays any fee fixed under section 47C.

(6)The Department for Regional Development shall—

(a)review the decision; and

(b)in doing so, consider any representations made to it in writing, before the end of the prescribed period, by the applicant.]

Prospective

[F5747BRail vehicle accessibility compliance certificates: supplementaryE+W+S

[F59(1)Regulations may make provision with respect to rail vehicle accessibility compliance certificates.

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision for certificates to be issued on application;

(b)provision specifying conditions to which certificates are subject;

(c)provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;

(d)provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;

(e)provision for the withdrawal of certificates issued in error;

(f)provision for the correction of errors in certificates;

(g)provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;

(h)provision for the examination of a rail vehicle before a certificate is issued in respect of it.

(3)In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—

(a)make provision as to the persons by whom applications may be made;

(b)make provision as to the form in which applications are to be made;

(c)make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.

(4)For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(5)In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and 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”).

(6)For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—

(a)may make provision about appointments of appointed assessors, including (in particular)—

(i)provision for an appointment to be on application or 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;

(v)provision as to terms and conditions, or the period or termination, of an appointment; and

(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;

(b)may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its 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; and

(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 satisfied;

(d)shall make provision for the referral to the Secretary of State of disputes between—

(i)an appointed assessor carrying out a compliance assessment, and

(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.

(7)In subsection (6)(b) to (d) “compliance assessment” 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).]]

[F7747BRail vehicle accessibility compliance certificates: supplementaryN.I.

(1)Regulations may make provision with respect to rail vehicle accessibility compliance certificates.

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision for certificates to be issued on application;

(b)provision specifying conditions to which certificates are subject;

(c)provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;

(d)provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;

(e)provision for the withdrawal of certificates issued in error;

(f)provision for the correction of errors in certificates;

(g)provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;

(h)provision for the examination of a rail vehicle before a certificate is issued in respect of it.

(3)In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—

(a)make provision as to the persons by whom applications may be made;

(b)make provision as to the form in which applications are to be made;

(c)make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.

(4)For the purposes of this section, a compliance assessment is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(5)In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Department for Regional Development to carry out compliance assessments (an “appointed assessor”).

(6)For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—

(a)may make provision about appointments of appointed assessors, including (in particular)—

(i)provision for an appointment to be on application or 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;

(v)provision as to terms and conditions, or the period or termination, of an appointment; and

(vi)provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Department for Regional Development when making the appointment;

(b)may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its 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; and

(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 satisfied;

(d)shall make provision for the referral to the Department for Regional Development of disputes between—

(i)an appointed assessor carrying out a compliance assessment, and

(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.

(7)In subsection (6)(b) to (d) “compliance assessment” 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).]

Prospective

[F5747CRail vehicle accessibility compliance certificates: feesE+W+S

[F60(1)Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—

(a)applications for, and the issue of, rail vehicle accessibility compliance certificates;

(b)copies of such certificates;

(c)reviews under section 47A;

(d)referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).

(2)Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.

(3)Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.

(4)Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.]]

[F7747CRail vehicle accessibility compliance certificates: feesN.I.

(1)Such fees, payable at such times, as may be prescribed may be charged by the Department for Regional Development in respect of—

(a)applications for, and the issue of, rail vehicle accessibility compliance certificates;

(b)copies of such certificates;

(c)reviews under section 47A;

(d)referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).

(2)Any such fees received by the Department for Regional Development shall be paid by it into the Consolidated Fund.

(3)Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.

(4)Before making any regulations under subsection (1) the Department for Regional Development shall consult such representative organisations as it thinks fit.]

Prospective

[F6147DPenalty for using rail vehicle without accessibility compliance certificateE+W+S

[F62If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty.]]

[F7847DPenalty for using rail vehicle without accessibility compliance certificateN.I.

If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Department for Regional Development may require the operator of the vehicle to pay a penalty.]

Prospective

[F6147EPenalty for using rail vehicle that does not conform with accessibility regulationsE+W+S

[F63(1)Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and

(b)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Secretary of State has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice.

(4)The Secretary of State may give to the operator a further notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and

(b)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, 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,

the Secretary of State may require the operator to pay a penalty.]]

[F7847EPenalty for using rail vehicle that does not conform with accessibility regulationsN.I.

(1)Where it appears to the Department for Regional Development that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and

(b)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Department for Regional Development has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to the Department for Regional Development that the vehicle still does not conform with the provision identified in the notice.

(4)The Department for Regional Development may give to the operator a further notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and

(b)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Department for Regional Development has given a notice under subsection (4) to the operator of a regulated rail vehicle, 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,

the Department for Regional Development may require the operator to pay a penalty.]

Prospective

[F6147FPenalty for using rail vehicle otherwise than in conformity with accessibility regulationsE+W+S

[F64(1)Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and

(c)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Secretary of State has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to the Secretary of State 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.

(4)The Secretary of State may give to the operator a further notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and

(c)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Secretary of State has given a notice under subsection (4), and

(b)a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

the Secretary of State may require the operator of the vehicle to pay a penalty.

(7)For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.]]

[F7847FPenalty for using rail vehicle otherwise than in conformity with accessibility regulationsN.I.

(1)Where it appears to the Department for Regional Development that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and

(c)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Department for Regional Development has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to that Department 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.

(4)The Department for Regional Development may give to the operator a further notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and

(c)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Department for Regional Development has given a notice under subsection (4), and

(b)a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

that Department may require the operator of the vehicle to pay a penalty.

(7)For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.]

Prospective

[F6147GSections 47E and 47F: inspection of rail vehiclesE+W+S

[F65(1)Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State—

(a)may inspect the vehicle for conformity with the provisions;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.

(2)Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State—

(a)may inspect the vehicle concerned for conformity with the provision specified in the notice;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.

(3)A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.

(4)Where a person obstructs the exercise of power under subsection (1), the Secretary of State may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.

(5)Where—

(a)a person obstructs the exercise of power under subsection (2), and

(b)the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,

the Secretary of State may treat section 47E(3)(c) as satisfied in the case concerned.

(6)Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs—

(a)after a notice under section 47E(4) has been given in respect of the vehicle concerned, and

(b)as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,

the Secretary of State may require the operator of the vehicle to pay a penalty.

(7)In this section “inspect” includes test.]]

[F7847GSections 47E and 47F: inspection of rail vehiclesN.I.

(1)Where the Department for Regional Development has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by that Department—

(a)may inspect the vehicle for conformity with the provisions;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.

(2)Where the Department for Regional Development has given a notice under section 47E(1) or (4), a person authorised by that Department—

(a)may inspect the vehicle concerned for conformity with the provision specified in the notice;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.

(3)A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.

(4)Where a person obstructs the exercise of power under subsection (1), the Department for Regional Development may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.

(5)Where a person—

(a)obstructs the exercise of power under subsection (2), and

(b)the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,

the Department for Regional Development may treat section 47E(3)(c) as satisfied in the case concerned.

(6)Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs—

(a)after a notice under section 47E(4) has been given in respect of the vehicle concerned, and

(b)as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,

the Department for Regional Development may require the operator of the vehicle to pay a penalty.

(7)In this section “inspect” includes test.]

Prospective

[F6147HSections 47E and 47F: supplementary powersE+W+S

[F66(1)For the purposes of section 47E, 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—

(a)of which that person is the operator; and

(b)which is described in the notice.

(2)The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.

(3)If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Secretary of State may require the person to pay a penalty.

(4)Where the Secretary of State has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), the Secretary of State may request that 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.

(5)The time specified in a request under subsection (4) must—

(a)if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and

(b)if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.

(6)Where a request under subsection (4)—

(a)relates to a notice under section 47E(1) or 47F(1), and

(b)is not complied with by the time specified in the request,

the Secretary of State may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.]]

[F7847HSections 47E and 47F: supplementary powersN.I.

(1)For the purposes of section 47E, the Department for Regional Development may give notice to a person requiring the person to supply the Department for Regional Development, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—

(a)of which that person is the operator; and

(b)which is described in the notice.

(2)The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.

(3)If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Department for Regional Development may require the person to pay a penalty.

(4)Where the Department for Regional Development has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), that Department may request that person to supply that Department, by a time specified in the request, with a statement detailing the steps taken in response to the notice.

(5)The time specified in a request under subsection (4) must—

(a)if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and

(b)if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.

(6)Where a request under subsection (4)—

(a)relates to a notice under section 47E(1) or 47F(1), and

(b)is not complied with by the time specified in the request,

the Department for Regional Development may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.]

Prospective

[F6147JPenalties under sections 47D to 47H: amount, due date and recoveryE+W+S

[F67(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)The amount of a penalty—

(a)must not exceed the maximum prescribed for the purposes of this subsection; and

(b)must not exceed 10 per cent of the turnover of the person on whom it is imposed.

(3)For the purposes of subsection (2)(b), a person’s turnover shall be determined in accordance with regulations.

(4)A penalty must be paid to the Secretary of State before the end of the prescribed period.

(5)Any sum payable to the Secretary of State as a penalty may be recovered by the Secretary of State as a debt due to him.

(6)In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—

(a)liability to the imposition of the penalty; or

(b)its amount.

(7)Any sum paid to the Secretary of State as a penalty shall be paid by him into the Consolidated Fund.

(8)The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.

(9)The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(10)Before issuing the first or a revised version of the code, the Secretary of State shall lay a draft of that version before Parliament.

(11)After laying the draft of a version of the code before Parliament, the Secretary of State may bring that version of the code into operation by order.

(12)The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

(a)when imposing a penalty; and

(b)when considering under section 47K(6) a notice of objection under section 47K(4).]]

[F7847JPenalties under sections 47D to 47H: amount, due date and recoveryN.I.

(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)The amount of a penalty—

(a)must not exceed the maximum prescribed for the purposes of this subsection; and

(b)must not exceed 10 per cent of the turnover of the person on whom it is imposed.

(3)For the purposes of subsection (2)(b), a person's turnover shall be determined in accordance with regulations.

(4)A penalty must be paid to the Department for Regional Development before the end of the prescribed period.

(5)Any sum payable to the Department for Regional Development as a penalty may be recovered by that Department as a debt due to it.

(6)In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—

(a)liability to the imposition of the penalty; or

(b)its amount.

(7)Any sum paid to the Department for Regional Development as a penalty shall be paid by it into the Consolidated Fund.

(8)The Department for Regional Development shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.

(9)The Department for Regional Development may from time to time revise the whole or any part of the code and issue the code as revised.

(10)Before issuing the first or a revised version of the code, the Department for Regional Development shall lay a draft of that version before the Assembly.

(11)After laying the draft of a version of the code before the Assembly, the Department for Regional Development may bring that version of the code into operation by order.

(12)The Department for Regional Development shall have regard to the code (in addition to any other matters it thinks relevant)—

(a)when imposing a penalty; and

(b)when considering under section 47K(6) a notice of objection under section 47K(4).]

Prospective

[F6147KPenalties under sections 47D to 47H: procedureE+W+S

[F68(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.

(3)A notification under subsection (2) must—

(a)state the Secretary of State’s reasons for deciding that the person is liable to the penalty;

(b)state the amount of the penalty;

(c)specify the date before which, and the manner in which, the penalty must be paid; and

(d)include an explanation of the steps that the person may take if he objects to the penalty.

(4)Where a person to whom a notification under subsection (2) is issued objects on the ground that—

(a)he is not liable to the imposition of a penalty, or

(b)the amount of the penalty is too high,

the person may give a notice of objection to the Secretary of State.

(5)A notice of objection must—

(a)be in writing;

(b)give the objector’s reasons; and

(c)be given before the end of the prescribed period.

(6)Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—

(a)cancel the penalty;

(b)reduce the penalty; or

(c)determine to do neither of those things.

(7)Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—

(a)inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and

(b)if he reduces the penalty, notify the objector of the reduced amount.]]

[F7847KPenalties under sections 47D to 47H: procedureN.I.

(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.

(3)A notification under subsection (2) must—

(a)state that Department's reasons for deciding that the person is liable to the penalty;

(b)state the amount of the penalty;

(c)specify the date before which, and the manner in which, the penalty must be paid; and

(d)include an explanation of the steps that the person may take if he objects to the penalty.

(4)Where a person to whom a notification under subsection (2) is issued objects on the ground that—

(a)he is not liable to the imposition of a penalty, or

(b)the amount of the penalty is too high,

the person may give a notice of objection to the Department for Regional Development.

(5)A notice of objection must—

(a)be in writing;

(b)give the objector's reasons; and

(c)be given before the end of the prescribed period.

(6)Where the Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—

(a)cancel the penalty;

(b)reduce the penalty; or

(c)determine to do neither of those things.

(7)Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—

(a)inform the objector of its decision before the end of the prescribed period or such longer period as it may agree with the objector; and

(b)if it reduces the penalty, notify the objector of the reduced amount.]

Prospective

[F6147LPenalties under sections 47D to 47H: appealsE+W+S

[F69(1)A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).

(5)A reference in this section to “the court” is a reference—

(a)in England and Wales, to a county court; and

(b)in Scotland, to the sheriff.

(6)The sheriff may transfer proceedings under this section to the Court of Session.

(7)Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.]]

[F7847LPenalties under sections 47D to 47H: appealsN.I.

(1)A person may appeal to the county court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the county court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the decision of the Department for Regional Development to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the county court thinks relevant (which may include matters of which the Department for Regional Development was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).]

Prospective

[F6147MSections 46 to 47H: interpretationE+W+S

[F70(1)In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.

(2)For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.

(3)Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision.]]

[F7847MSections 46 to 47H: interpretationN.I.

(1)In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.

(2)For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.

(3)Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle's case, include that provision.]