House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

169 Accessibility certificates

(1) A regulated public service vehicle must not be used on a road unless—

(a) a vehicle examiner has issued a certificate (an “accessibility certificate”)
40that such provisions of PSV accessibility regulations as are prescribed
are satisfied in respect of the vehicle, or

(b) an approval certificate has been issued under section 170 in respect of
the vehicle.

(2) Regulations may make provision—

Equality BillPage 124

(a) with respect to applications for, and the issue of, accessibility
certificates;

(b) providing for the examination of vehicles in respect of which
applications have been made;

(c) 5with respect to the issue of copies of accessibility certificates which
have been lost or destroyed.

(3) The operator of a regulated public service vehicle commits an offence if the
vehicle is used in contravention of this section.

(4) A person guilty of an offence under this section is liable on summary
10conviction to a fine not exceeding level 4 on the standard scale.

(5) A power to make regulations under this section is exercisable by the Secretary
of State.

(6) In this section “operator” has the same meaning as in the Public Passenger
Vehicles Act 1981.

170 15Approval certificates

(1) The Secretary of State may approve a vehicle for the purposes of this section if
satisfied that such provisions of PSV accessibility regulations as are prescribed
for the purposes of section 169 are satisfied in respect of the vehicle.

(2) A vehicle which is so approved is referred to in this section as a “type vehicle”.

(3) 20Subsection (4) applies if a declaration in the prescribed form is made by an
authorised person that a particular vehicle conforms in design, construction
and equipment with a type vehicle.

(4) A vehicle examiner may issue a certificate in the prescribed form (an “approval
certificate”) that it conforms to the type vehicle.

(5) 25Regulations may make provision—

(a) with respect to applications for, and grants of, approval under
subsection (1);

(b) with respect to applications for, and the issue of, approval certificates;

(c) providing for the examination of vehicles in respect of which
30applications have been made;

(d) with respect to the issue of copies of approval certificates in place of
certificates which have been lost or destroyed.

(6) The Secretary of State may at any time withdraw approval of a type vehicle.

(7) If an approval is withdrawn—

(a) 35no further approval certificates are to be issued by reference to the type
vehicle; but

(b) an approval certificate issued by reference to the type vehicle before the
withdrawal continues to have effect for the purposes of section 169.

(8) A power to make regulations under this section is exercisable by the Secretary
40of State.

(9) In subsection (3) “authorised person” means a person authorised by the
Secretary of State for the purposes of that subsection.

Equality BillPage 125

171 Special authorisations

(1) The Secretary of State may by order authorise the use on roads of—

(a) a regulated public service vehicle of a class or description specified by
the order, or

(b) 5a regulated public service vehicle which is so specified.

(2) Nothing in sections 167 to 170 prevents the use of a vehicle in accordance with
the order.

(3) The Secretary of State may by order make provision for securing that
provisions of PSV accessibility regulations apply to regulated public service
10vehicles of a description specified by the order, subject to any modifications or
exceptions specified by the order.

(4) An order under subsection (1) or (3) may make the authorisation or provision
(as the case may be) subject to such restrictions and conditions as are specified
by or under the order.

(5) 15Section 194(2) does not require an order under this section that applies only to
a specified vehicle, or to vehicles of a specified person, to be made by statutory
instrument; but such an order is as capable of being amended or revoked as an
order made by statutory instrument.

172 Reviews and appeals

(1) 20Subsection (2) applies if the Secretary of State refuses an application for the
approval of a vehicle under section 170(1) and, before the end of the prescribed
period, the applicant—

(a) asks the Secretary of State to review the decision, and

(b) pays any fee fixed under section 173.

(2) 25The 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.

(3) A person applying for an accessibility certificate or an approval certificate may
30appeal 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.

(5) Regulations may make provision as to the procedure to be followed in
35connection 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
of State’s decision.

(7) 40A power to make regulations under this section is exercisable by the Secretary
of State.

Equality BillPage 126

173 Fees

(1) The Secretary of State may charge such fees, payable at such times, as are
prescribed in respect of—

(a) applications for, and grants of, approval under section 170(1);

(b) 5applications for, and the issue of, accessibility certificates and approval
certificates;

(c) copies of such certificates;

(d) reviews and appeals under section 172.

(2) Fees received by the Secretary of State must be paid into the Consolidated
10Fund.

(3) The power to make regulations under subsection (1) is exercisable by the
Secretary of State.

(4) The regulations may make provision for the repayment of fees, in whole or in
part, in such circumstances as are prescribed.

(5) 15Before making the regulations the Secretary of State must consult such
representative organisations as the Secretary of State thinks fit.

174 Interpretation

In this Chapter—

  • “accessibility certificate” has the meaning given in section 169(1);

  • 20“approval certificate” has the meaning given in section 170(4);

  • “PSV accessibility regulations” has the meaning given in section 167(1);

  • “regulated public service vehicle” has the meaning given in section 167(3).

Chapter 3 Rail vehicles

175 25Rail 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
30unreasonable 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.

Equality BillPage 127

(2) The regulations may, in particular, make provision as to the construction, use
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) 5the design of equipment to be fitted to, or carried by, vehicles;

(d) the use of equipment fitted to, or carried by, vehicles;

(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) 10assistance to be given to disabled persons.

(3) The regulations may contain different provision—

(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) 15as respects different networks.

(4) In this section—

  • “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
    20on 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-
    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) 25In subsection (4)—

  • “conventional TEN rail system” and “high-speed rail system” have the
    meaning given in regulation 2(3) of the Railways (Interoperability)
    Regulations 2006 (S.I. 2006/397);

  • “prescribed system” means a system using a mode of guided transport
    30(“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.

(6) 35The 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 176(1) or section 194(3)(a).

(8) Before making regulations under subsection (1) or section 176 the Secretary of
40State must consult—

(a) the Disabled Persons Transport Advisory Committee, and

(b) such other representative organisations as the Secretary of State thinks
fit.

Equality BillPage 128

176 Exemptions from rail vehicle accessibility regulations

(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
5accessibility regulations with which it is required to conform;

(b) authorise a regulated rail vehicle to be used for carriage otherwise than
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) 10a regulated rail vehicle that is specified or of a specified description,

(b) use in specified circumstances of a regulated rail vehicle, or

(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
15orders including, in particular, provision as to—

(a) the persons by whom applications for exemption orders may be made;

(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) 20the revocation of exemption orders.

(4) After consulting the Disabled Persons Transport Advisory Committee and
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) 25make an exemption order in such other terms as the Secretary of State
thinks appropriate;

(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) 30“Specified” means specified in an exemption order.

177 Procedure for making exemption orders

(1) A statutory instrument that contains an order under section 176(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
35either House.

(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 176(1).

(3) 40An order under section 176(1) may be made without a draft of the instrument
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
45accordance with the regulations.

Equality BillPage 129

(4) The Secretary of State may by regulations set out the basis on which the
Secretary of State, when making an order under section 176(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) 5Before making regulations under subsection (4), the Secretary of State must
consult—

(a) the Disabled Persons Transport Advisory Committee; and

(b) such other persons as the Secretary of State considers appropriate.

178 Annual report on exemption orders

(1) 10After the end of each calendar year the Secretary of State must prepare a report
on—

(a) the exercise in that year of the power to make orders under section
176(1);

(b) the exercise in that year of the discretion under section 177(1).

(2) 15A report under subsection (1) must (in particular) contain—

(a) details of each order made under section 176(1) in the year in question;

(b) details of consultation carried out under sections 176(4) and 177(2) in
connection with orders made in that year under section 176(1).

(3) The Secretary of State must lay before each House of Parliament each report
20prepared under this section.

179 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
25year.

Equality BillPage 130

180 Interpretation

(1) In this Chapter—

  • “rail vehicle” and “regulated rail vehicle” have the meaning given in
    section 175(4);

  • 5“rail vehicle accessibility regulations” has the meaning given in section
    175(1).

(2) For the purposes of this Chapter a vehicle is used “for carriage” if it is used for
the carriage of passengers.

Chapter 4 10Supplementary

181 Forgery etc.

(1) In this section “relevant document” means—

(a) an exemption certificate issued under section 159, 162 or 164;

(b) a notice of a kind mentioned in section 159(3)(b), 162(4)(b) or 164(4)(b);

(c) 15an accessibility certificate (see section 169);

(d) an approval certificate (see section 170).

(2) A person commits an offence if, with intent to deceive, the person—

(a) forges, alters or uses a relevant document;

(b) lends a relevant document to another person;

(c) 20allows a relevant document to be used by another person;

(d) makes or has possession of a document which closely resembles a
relevant document.

(3) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction, to a fine not exceeding the statutory
25maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine or to both.

(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) 30A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.

Equality BillPage 131