152 Power to specify public authorities: consultation ...
(1) Before making an order under a provision specified in the first column of the Table, a Minister of the Crown must consult the person or persons specified in the second column.
Provision | Consultees
Section 151(1) | The Commission
Section 151(1), so far as relating to a relevant Welsh authority | The Welsh Ministers
Section 151(1), so far as relating to a relevant Scottish authority | The Scottish Ministers
Section 151(5) | The Commission
Section 151(5), so far as relating to a cross-border Welsh authority | The Welsh Ministers
Section 151(5), so far as relating to a cross-border Scottish authority | The Scottish Ministers
(2) Before making an order under section 151(2), the Welsh Ministers must consult the Commission, and after making such an order they must inform a Minister of the Crown.
(3) Before making an order under section 151(3), the Scottish Ministers must consult the Commission, and after making such an order they must inform a Minister of the Crown.
(1) A Minister of the Crown may by regulations impose duties on a public authority specified in Part 1 of Schedule 19 for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1).
(2) The Welsh Ministers may by regulations impose duties on a public authority specified in Part 2 of Schedule 19 for that purpose.
(3) The Scottish Ministers may by regulations impose duties on a public authority specified in Part 3 of Schedule 19 for that purpose.
(4) Before making regulations under this section, the person making them must consult the Commission.
154 Power to impose specific duties: cross-border authorities
(1) If a Minister of the Crown exercises the power in section 151(5) to add an entry for a public authority to Part 4 of Schedule 19, the Minister must include after the entry a letter specified in the first column of the Table in subsection (3).
(2) Where a letter specified in the first column of the Table in subsection (3) is included after an entry for a public authority in Part 4 of Schedule 19, the person specified in the second column of the Table—
(a) may by regulations impose duties on the authority for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1), subject to such limitations as are specified in that column;
(b) must in making the regulations comply with the procedural requirement specified in that column.
(3) This is the Table—
Letter | Person by whom regulations may be made and procedural requirements
A | Regulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Welsh functions.
The Minister of the Crown must consult the Welsh Ministers before making the regulations.
Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions.
The Welsh Ministers must inform a Minister of the Crown after making the regulations.
B | Regulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Scottish functions.
The Minister of the Crown must consult the Scottish Ministers before making the regulations.
Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions.
The Scottish Ministers must inform a Minister of the Crown after making the regulations.
C | Regulations may be made by a Minister of the Crown in relation to the authority's functions that are neither devolved Welsh functions nor devolved Scottish functions.
The Minister of the Crown must consult the Welsh Ministers and the Scottish Ministers before making the regulations.
Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions.
The Welsh Ministers must inform a Minister of the Crown after making the regulations.
Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions.
The Scottish Ministers must inform a Minister of the Crown after making the regulations.
D | The regulations may be made by a Minister of the Crown.
The Minister of the Crown must consult the Welsh Ministers before making the regulations.
(4) Before making regulations under subsection (2), the person making them must consult the Commission.
155 Power to impose specific duties: supplementary
(1) Regulations under section 153 or 154 may require a public authority to consider such matters as may be specified from time to time by—
(a) a Minister of the Crown, where the regulations are made by a Minister of the Crown;
(b) the Welsh Ministers, where the regulations are made by the Welsh Ministers;
(c) the Scottish Ministers, where the regulations are made by the Scottish Ministers.
(2) Regulations under section 153 or 154 may impose duties on a public authority that is a contracting authority within the meaning of the public procurement legislation in connection with its public procurement functions.
(3) In this section—
“concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act);
“covered procurement” has the same meaning as in the Procurement Act 2023 (see section 1 of that Act);
“defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act);
“devolved Scottish authority” has the same meaning as in the Procurement Act 2023 (see section 2 of that Act);
“public procurement functions” means—
functions related to covered procurement, other than the procurement of a utilities contract, defence and security contract or concession contract, the exercise of which is regulated by the Procurement Act 2023, as amended from time to time, or
functions the exercise of which is regulated by the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time;
“public procurement legislation” means the Procurement Act 2023 or, in respect of a public authority that is a devolved Scottish authority, the Public Contracts (Scotland) Regulations 2015, as amended from time to time;
“utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act).
(4) Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a).
(5) A duty imposed on a public authority under section 153 or 154 may be modified or removed by regulations made by—
(a) a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown;
(b) the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers;
(c) the Scottish Ministers, where the original duty was imposed by regulations made by the Scottish Ministers.
(1) This section applies for the purposes of this Chapter.
(2) A relevant Welsh authority is a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) other than the Assembly Commission.
(3) A cross-border Welsh authority is a person other than a relevant Welsh authority (or the Assembly Commission) who has any function that—
(a) is exercisable in or as regards Wales, and
(b) is a devolved Welsh function.
(4) The Assembly Commission has the same meaning as in the Government of Wales Act 2006.
(5) A function is a devolved Welsh function if—
(a) it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
(b) provision conferring the function would be within the legislative competence of the National Assembly for Wales.
(6) A relevant Scottish authority is a public body, public office or holder of a public office—
(a) which is not a cross-border Scottish authority or the Scottish Parliamentary Corporate Body,
(b) whose functions are exercisable only in or as regards Scotland, and
(c) at least some of whose functions do not relate to reserved matters.
(7) A cross-border Scottish authority is a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998.
(8) A function is a devolved Scottish function if it—
(a) is exercisable in or as regards Scotland, and
(b) does not relate to reserved matters.
(9) Reserved matters has the same meaning as in the Scotland Act 1998.
(1) This section applies if a person (P) reasonably thinks that—
(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic,
(b) persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or
(c) participation in an activity by persons who share a protected characteristic is disproportionately low.
(2) This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—
(a) enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,
(b) meeting those needs, or
(c) enabling or encouraging persons who share the protected characteristic to participate in that activity.
(3) Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.
(4) This section does not apply to—
(a) action within section 159(3), or
(b) anything that is permitted by virtue of section 104.
(5) If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.
(6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.
(1) This section applies if a person (P) reasonably thinks that—
(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or
(b) participation in an activity by persons who share a protected characteristic is disproportionately low.
(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—
(a) overcome or minimise that disadvantage, or
(b) participate in that activity.
(3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.
(4) But subsection (2) applies only if—
(a) A is as qualified as B to be recruited or promoted,
(b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and
(c) taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).
(5) “Recruitment” means a process for deciding whether to—
(a) offer employment to a person,
(b) make contract work available to a contract worker,
(c) offer a person a position as a partner in a firm or proposed firm,
(d) offer a person a position as a member of an LLP or proposed LLP,
(e) offer a person a pupillage or tenancy in barristers' chambers,
(f) take a person as an advocate's devil or offer a person membership of an advocate's stable,
(g) offer a person an appointment to a personal office,
(h) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or
(i) offer a person a service for finding employment.
(6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.
161 Control of numbers of licensed taxis: exception
(1) This section applies if—
(a) an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847,
(b) it is possible for a disabled person—
(i) to get into and out of the vehicle in safety,
(ii) to travel in the vehicle in safety and reasonable comfort, and
(iii) to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size prescribed by the Secretary of State, and
(c) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is prescribed by the Secretary of State.
(2) Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section.
(3) In section 16 of the Transport Act 1985, after “shall” insert “ (subject to section 161 of the Equality Act 2010) ”.
(1) This section imposes duties on the driver of a taxi or private hire vehicle which has been hired—
(a) by or for a disabled person, or
(b) by another person who wishes to be accompanied by a disabled person.
(2) This section also imposes duties on the driver of a taxi or private hire vehicle if—
(a) the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and
(b) a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service.
(3) But this section does not impose duties on a driver in a case in which—
(a) the taxi or private hire vehicle is designated, and
(b) the disabled person is in a wheelchair.
For provision that applies in such a case, see section 165.
(4) For the purposes of this section—
(a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;
(b) “the passenger” means the disabled person concerned.
(5) The duties are—
(a) to carry the passenger;
(b) if the passenger is in or has with them a wheelchair, to carry the wheelchair;
(c) if the passenger has with them any mobility aids, to carry the mobility aids;
(d) to take such steps as are reasonable to ensure that the passenger is carried in safety and reasonable comfort;
(e) to give the passenger such mobility assistance as is reasonably required;
(f) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e).
(6) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include—
(a) a wheelchair, or
(b) an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs).
(7) For the purposes of this section “mobility assistance” means assistance—
(a) to enable the passenger to get into or out of the vehicle;
(b) to load the passenger’s luggage, wheelchair or mobility aids into or out of the vehicle.
(8) This section does not require the driver—
(a) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one wheelchair on any one journey;
(b) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.
(9) The driver of a taxi or private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.
(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(a) or (d) to show that at the time of the alleged offence the person could not reasonably have known that the passenger was disabled.
(12) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(b) or (c) to show that at the time of the alleged offence—
(a) it would not have been possible for the wheelchair or mobility aids to be carried safely in the vehicle, or
(b) it would not otherwise have been reasonable in all the circumstances for the wheelchair or mobility aids to be carried in the vehicle.
(13) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(e) to show that at the time of the alleged offence the person could not reasonably have known that the passenger required mobility assistance of the type required by the passenger.
165 Disabled passengers in wheelchairs: duties of drivers of designated vehicles
(1) This section imposes duties on the driver of a designated taxi or designated private hire vehicle which has been hired—
(a) by or for a disabled person who is in a wheelchair, or
(b) by another person who wishes to be accompanied by a disabled person who is in a wheelchair.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) This section also imposes duties on the driver of a designated taxi or designated private hire vehicle if—
(a) the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and
(b) a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service.
(3) For the purposes of this section—
(a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;
(b) “the passenger” means the disabled person concerned.
(4) The duties are—
(a) to carry the passenger while in the wheelchair;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) if the passenger chooses to sit in a passenger seat, to carry the wheelchair;
(ca) if the passenger has with them any mobility aids, to carry the mobility aids;
(d) to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;
(e) to give the passenger such mobility assistance as is reasonably required.
(f) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e).
(4A) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include—
(a) a wheelchair, or
(b) an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs).
(5) For the purposes of this section “mobility assistance” means assistance—
(a) to enable the passenger to get into or out of the vehicle;
(b) if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair;
(c) to load the passenger's luggage or mobility aids into or out of the vehicle;
(d) if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.
(6) This section does not require the driver—
(a) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;
(b) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.
(7) A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.
(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(a) or (c) to show that at the time of the alleged offence—
(a) the vehicle conformed to the accessibility requirements which applied to it, but
(b) it would not have been possible for the wheelchair to be carried safely in the vehicle.
(9A) It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(ca) to show that at the time of the alleged offence—
(a) it would not have been possible for the mobility aids to be carried safely in the vehicle, or
(b) it would not otherwise have been reasonable in all the circumstances for the mobility aids to be carried in the vehicle.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
165A Disabled passengers: assistance to identify and find vehicle
(1) This section imposes duties on the driver of a private hire vehicle or pre-booked taxi where the following two conditions are met.
(2) The first condition is that the private hire vehicle or pre-booked taxi has been hired—
(a) by or for a disabled person, or
(b) by another person who wishes to be accompanied by a disabled person.
(3) The second condition is that the driver of the private hire vehicle or pre-booked taxi has been made aware before the start of the passenger’s journey in the vehicle that the passenger requires assistance to identify or find that vehicle.
(4) For the purposes of this section—
(a) a taxi is “pre-booked” if it has been hired otherwise than as a result of plying or standing for hire;
(b) “the passenger” means the disabled person concerned.
(5) The duties are—
(a) to take such steps as are reasonable to assist the passenger to identify and find the vehicle which has been hired;
(b) not to make, or propose to make, any additional charge for complying with the duty mentioned in paragraph (a).
(6) The driver of a private hire vehicle or pre-booked taxi commits an offence by failing to comply with a duty imposed on the driver by this section.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) A licensing authority must issue a person with a certificate exempting the person from the mobility assistance duties (an “exemption certificate”) if satisfied that it is appropriate to do so—
(a) on medical grounds, or
(b) on the ground that the person's physical condition makes it impossible or unreasonably difficult for the person to comply with those duties.
(2) An exemption certificate is valid for such period as is specified in the certificate.
(2A) For the purposes of this section “the mobility assistance duties” means—
(a) the duty mentioned in section 164A(5)(e), and
(b) the duty mentioned in section 165(4)(e).
(3) The driver of a ... taxi is exempt from the mobility assistance duties if—
(a) an exemption certificate issued to the driver is in force, and
(b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.
(4) The driver of a ... private hire vehicle is exempt from the mobility assistance duties if—
(a) an exemption certificate issued to the driver is in force, and
(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this section and section 167 “licensing authority”, in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area.
(1) For the purposes of section 165, a licensing authority must maintain and publish a list of vehicles falling within subsection (2).
(2) A vehicle falls within this subsection if—
(a) it is either a taxi or a private hire vehicle, and
(b) it conforms to such accessibility requirements as the licensing authority thinks fit.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) “Accessibility requirements” are requirements for securing that it is possible for disabled persons in wheelchairs—
(a) to get into and out of vehicles in safety, and
(b) to travel in vehicles in safety and reasonable comfort,
either staying in their wheelchairs or not (depending on which they prefer).
(6) The Secretary of State may issue guidance to licensing authorities as to—
(a) the accessibility requirements which they should apply for the purposes of this section;
(aa) how a list under subsection (1) is to be maintained and published;
(b) any other aspect of their functions under or by virtue of this section.
(7) A licensing authority ... must have regard to any guidance issued under subsection (6).
167A Disabled passengers: duties of operators of private hire vehicles
(1) The operator of a private hire vehicle commits an offence by failing or refusing to accept a booking for the vehicle if—
(a) the booking is requested by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and
(b) the reason for the failure or refusal is—
(i) that the passenger has a disability, or
(ii) to prevent the driver of the private hire vehicle being made subject to a duty which would otherwise be imposed on the driver by section 164A, 165 or 165A.
(2) The operator of a private hire vehicle commits an offence by making, or proposing to make, an additional charge for the carrying out of any duty imposed on the driver of the private hire vehicle under section 164A, 165 or 165A.
(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) It is a defence for a person charged with an offence under subsection (1) to show that it was reasonable not to have accepted the booking due to a lack of suitable vehicles.
(5) In this section “the passenger” means the disabled person concerned.
(1) This section imposes duties on the driver of a taxi which has been hired—
(a) by or for a disabled person who is accompanied by an assistance dog, or
(b) by another person who wishes to be accompanied by a disabled person with an assistance dog.
(2) The driver must—
(a) carry the disabled person's dog and allow it to remain with that person;
(b) not make , or propose to make, any additional charge for doing so.
(3) The driver of a taxi commits an offence by failing to comply with a duty imposed by this section.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
169 Assistance dogs in taxis: exemption certificates
(1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 168 (an “exemption certificate”) if satisfied that it is appropriate to do so on medical grounds.
(2) In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the taxi which the person drives or those of any kind of taxi in relation to which the person requires the certificate.
(3) An exemption certificate is valid—
(a) in respect of a specified taxi or a specified kind of taxi;
(b) for such period as is specified in the certificate.
(4) The driver of a taxi is exempt from the duties imposed by section 168 if—
(a) an exemption certificate issued to the driver is in force with respect to the taxi, and
(b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.
The power to make regulations under paragraph (b) is exercisable by the Secretary of State.
(5) In this section “licensing authority” means—
(a) in relation to the area to which the Metropolitan Public Carriage Act 1869 applies, Transport for London;
(b) in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area.
(1) The operator of a private hire vehicle commits an offence by failing or refusing to accept a booking for the vehicle—
(a) if the booking is requested by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and
(b) the reason for the failure or refusal is—
(i) that the disabled person will be accompanied by an assistance dog, or
(ii) to prevent the driver of the private hire vehicle being made subject to a duty which would otherwise be imposed on the driver by this section.
(2) The operator or driver of a private hire vehicle commits an offence by making , or proposing to make, an additional charge for carrying an assistance dog which is accompanying a disabled person.
(3) The driver of a private hire vehicle commits an offence by failing or refusing to carry out a booking accepted by the operator—
(a) if the booking is made by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and
(b) the reason for the failure or refusal is that the disabled person is accompanied by an assistance dog.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In this section—
“driver” means a person who holds a licence under—
section 13 of the Private Hire Vehicles (London) Act 1998 ...,
section 51 of the Local Government (Miscellaneous Provisions) Act 1976 ..., or
an equivalent provision of a local enactment;
“licensing authority”, in relation to any area in England and Wales, means the authority responsible for licensing private hire vehicles in that area;
...
...
171 Assistance dogs in private hire vehicles: exemption certificates
(1) A licensing authority must issue a driver with a certificate exempting the driver from the offence under section 170(3) (an “exemption certificate”) if satisfied that it is appropriate to do so on medical grounds.
(2) In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the private hire vehicle which the person drives or those of any kind of private hire vehicle in relation to which the person requires the certificate.
(3) An exemption certificate is valid—
(a) in respect of a specified private hire vehicle or a specified kind of private hire vehicle;
(b) for such period as is specified in the certificate.
(4) A driver does not commit an offence under section 170(3) if—
(a) an exemption certificate issued to the driver is in force with respect to the private hire vehicle, and
(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.
The power to make regulations under paragraph (b) is exercisable by the Secretary of State.
(5) In this section “driver” and “licensing authority” have the same meaning as in section 170.
(1) A person who is aggrieved by the refusal of a licensing authority in England and Wales to issue an exemption certificate under section 166, 169 or 171 may appeal to a magistrates' court before the end of the period of 28 days beginning with the date of the refusal.
(2) A person who is aggrieved by the refusal of a licensing authority in Scotland to issue an exemption certificate under section 166 may appeal to the sheriff before the end of the period of 28 days beginning with the date of the refusal.
(3) On an appeal under subsection (1) or (2), the magistrates' court or sheriff may direct the licensing authority to issue the exemption certificate to have effect for such period as is specified in the direction.
(4) A person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 167 may appeal to a magistrates' court or, in Scotland, the sheriff before the end of the period of 28 days beginning with the date of the inclusion.
(1) In this Chapter—
“accessibility requirements” has the meaning given in section 167(5);
“assistance dog” means—
a dog which has been trained to guide a blind person;
a dog which has been trained to assist a deaf person;
a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;
a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;
“operator”, in relation to a private hire vehicle—
means a person who holds a licence under—
section 55 of the Local Government (Miscellaneous Provisions) Act 1976,
section 3 of the Private Hire Vehicles (London) Act 1998, or
a provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); and
in section 167A, also includes a person who holds a licence under Part I of the Civic Government (Scotland) Act 1982 in relation to the use of premises for the carrying on of a business which consists to any extent of the taking of bookings, by any means of communication, from members of the public for the hire of a private hire car licenced under section 10 of that Act;
“private hire vehicle”—
means a vehicle licensed under—
section 48 of the Local Government (Miscellaneous Provisions) Act 1976,
section 7 of the Private Hire Vehicles (London) Act 1998, or
a provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); and
in sections 164A to 167A, also includes a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;
“taxi”—
means a vehicle which is licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869, and
in sections 162 and 164A to 167, also includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982,
but does not include a vehicle drawn by a horse or other animal;
“taxi accessibility regulations” has the meaning given by section 160(1).
(2) A power to make regulations under paragraph (c) or (d) of the definition of “assistance dog” in subsection (1) is exercisable by the Secretary of State.
(1) The Secretary of State may make regulations (in this Chapter referred to as “PSV accessibility regulations”) for securing that it is possible for disabled persons—
(a) to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs), and
(b) to travel in such vehicles in safety and reasonable comfort.
(2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service 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 fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving;
(e) the position in which wheelchairs are to be secured while vehicles are moving.
(3) In this section “public service vehicle” means a vehicle which is—
(a) adapted to carry more than 8 passengers, and
(b) a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;
and in this Chapter “regulated public service vehicle” means a public service vehicle to which PSV accessibility regulations are expressed to apply.
(4) The regulations may make different provision—
(a) as respects different classes or descriptions of vehicle;
(b) as respects the same class or description of vehicle in different circumstances.
(5) The Secretary of State must not make regulations under this section or section 176 or 177 without consulting—
(a) the Disabled Persons Transport Advisory Committee, and
(b) such other representative organisations as the Secretary of State thinks fit.
175 Offence of contravening PSV accessibility regulations
(1) A person commits an offence by—
(a) contravening a provision of PSV accessibility regulations;
(b) using on a road a regulated public service vehicle which does not conform with a provision of the regulations with which it is required to conform;
(c) causing or permitting such a regulated public service vehicle to be used on a road.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) If an offence under this section committed by a body corporate is committed with the consent or connivance of, or is attributable to neglect on the part of, a responsible person, the responsible person as well as the body corporate is guilty of the offence.
(4) In subsection (3) a responsible person, in relation to a body corporate, is—
(a) a director, manager, secretary or similar officer;
(b) a person purporting to act in the capacity of a person mentioned in paragraph (a);
(c) in the case of a body corporate whose affairs are managed by its members, a member.
(5) If, in Scotland, an offence committed by a partnership or an unincorporated association is committed with the consent or connivance of, or is attributable to neglect on the part of, a partner or person concerned in the management of the association, the partner or person as well as the partnership or association is guilty of the offence.
(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”) that 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 177 in respect of the vehicle.
(2) Regulations may make provision—
(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) with 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 conviction 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.
(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 176 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) Subsection (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) Regulations 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 applications 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) no 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 176.
(8) A power to make regulations under this section is exercisable by the Secretary of State.
(9) In subsection (3) “authorised person” means a person authorised by the Secretary of State for the purposes of that subsection.
(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) a regulated public service vehicle which is so specified.
(2) Nothing in sections 174 to 177 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 vehicles 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) Section 207(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.
(1) Subsection (2) applies if the Secretary of State refuses an application for the approval of a vehicle under section 177(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 180.
(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.
(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.
(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 of State's decision.
(7) A power to make regulations under this section is exercisable by the Secretary of State.
(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 177(1);
(b) applications for, and the issue of, accessibility certificates and approval certificates;
(c) copies of such certificates;
(d) reviews and appeals under section 179.
(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.
(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.
In this Chapter—
“accessibility certificate” has the meaning given in section 176(1);
“approval certificate” has the meaning given in section 177(4);
“PSV accessibility regulations” has the meaning given in section 174(1);
“regulated public service vehicle” has the meaning given in section 174(3).
(1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring operators of local services to make available information about a local service to persons travelling on the service.
(2) The regulations may make provision about—
(a) the descriptions of information that are to be made available;
(b) how information is to be made available.
(3) The regulations may, in particular, require an operator of a local service to make available information of a prescribed description about—
(a) the name or other designation of the local service;
(b) the direction of travel;
(c) stopping places;
(d) diversions;
(e) connecting local services.
(4) The regulations may, in particular—
(a) specify when information of a prescribed description is to be made available;
(b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed;
(c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location;
(d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available.
(5) Regulations under this section may make different provision—
(a) as respects different descriptions of vehicle;
(b) as respects the same description of vehicle in different circumstances.
(6) Before making regulations under this section, the Secretary of State must consult—
(a) the Welsh Ministers;
(b) the Scottish Ministers.
(1) The Secretary of State may by regulations make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to—
(a) public service vehicles of a prescribed description;
(b) operators of a prescribed description;
(c) local services of a prescribed description.
(2) Regulations under subsection (1)(b) may, in particular, make provision by reference to an operator's size.
(3) Regulations under this section may also make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to—
(a) a prescribed public service vehicle;
(b) public service vehicles of a prescribed operator;
(c) a prescribed local service.
(4) Regulations under subsection (1) or (3) may make the provision subject to such restrictions and conditions as are specified in the regulations.
(5) Regulations under subsection (1) or (3) may specify the period for which provisions of those regulations are to have effect.
(6) Regulations under subsection (1) may make different provision for different areas.
(7) Section 207(2) does not require regulations under this section that apply only to—
(a) a prescribed public service vehicle,
(b) public service vehicles of a prescribed operator, or
(c) a prescribed local service,
to be made by statutory instrument; but such regulations are as capable of being amended or revoked as regulations made by statutory instrument.
(8) Before making regulations under this section, the Secretary of State must consult—
(a) the Welsh Ministers;
(b) the Scottish Ministers.
(1) The Secretary of State must issue guidance about the duties imposed on operators of local services by regulations under section 181A.
(2) The Secretary of State—
(a) must review the guidance issued under subsection (1), at intervals not exceeding five years, and
(b) may revise it.
(3) Before issuing the guidance or revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to it, the Secretary of State must consult—
(a) the Welsh Ministers,
(b) the Scottish Ministers,
(c) the Passengers' Council,
(d) such organisations representing disabled persons, including the Disabled Persons Transport Advisory Committee and the committee established under section 72 of the Transport (Scotland) Act 2001, as the Secretary of State thinks fit,
(e) such organisations representing operators of local services as the Secretary of State thinks fit, and
(f) such other persons as the Secretary of State thinks fit.
(4) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
(1) In this Chapter—
“local service” has the same meaning as in the Transport Act 1985;
“public service vehicle” means a vehicle that is a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;
“stopping place” has the same meaning as in the Transport Act 1985.
(2) For the purposes of this Chapter, a local service (“service A”) is a connecting local service in relation to another local service (“service B”) if service A has a stopping place at, or in the vicinity of, a stopping place of service B.
(3) References in this Chapter to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.
(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 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 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;
(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—
(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—
“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 trans-European rail system located in Great Britain;
“regulated rail vehicle” means a rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply.
(5) In subsection (4)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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.
“trans-European rail system” has the meaning given in regulation 2(1) of the Railways (Interoperability) Regulations 2011
(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 183(1) or section 207(4)(a).
(8) Before making regulations under subsection (1) or section 183, the Secretary of State must consult—
(a) the Disabled Persons Transport Advisory Committee, and
(b) such other representative organisations as the Secretary of State thinks fit.
183 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 accessibility 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) a 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) make 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) “Specified” means specified in an exemption order.
(7) Section 207(2) does not require an exemption order 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.
(1) After 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 183(1);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A report under subsection (1) must (in particular) contain—
(a) details of each order made under section 183(1) in the year in question;
(b) details of consultation carried out under section 183(4) in connection with orders made in that year under section 183(1).
(3) The Secretary of State must lay before Parliament each report prepared under this section.
(1) In this Chapter—
“rail vehicle” and “regulated rail vehicle” have the meaning given in section 182(4);
“rail vehicle accessibility regulations” has the meaning given in section 182(1).
(2) For the purposes of this Chapter a vehicle is used “for carriage” if it is used for the carriage of passengers.
(1) In this section “relevant document” means—
(a) an exemption certificate issued under section 166, 169 or 171;
(b) a notice of a kind mentioned in section 166(3)(b), 169(4)(b) or 171(4)(b);
(c) an accessibility certificate (see section 176);
(d) an approval certificate (see section 177).
(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) allows 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 maximum;
(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) 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.