Disability Discrimination Act 1995 (c. 50)

(The document as of February, 2008)

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"guide dog" means a dog which has been trained to guide a blind person; and
"hearing dog" means a dog which has been trained to assist a deaf person.

38 Appeal against refusal of exemption certificate

(1) Any person who is aggrieved by the refusal of a licensing authority to issue an exemption certificate under section 36 or 37 may appeal to the appropriate court before the end of the period of 28 days beginning with the date of the refusal.

(2) On an appeal to it under this section, the court may direct the licensing authority concerned to issue the appropriate certificate of exemption to have effect for such period as may be specified in the direction.

(3) "Appropriate court" means the magistrates' court for the petty sessions area in which the licensing authority has its principal office.

39 Requirements as to disabled passengers in Scotland

(1) Part II of the [1982 c. 45.] Civic Government (Scotland) Act 1982 (licensing and regulation) is amended as follows.

(2) In subsection (4) of section 10 (suitability of vehicle for use as taxi)--

(a) after "authority" insert "-- (a)"; and

(b) at the end add " ; and

(b) as not being so suitable if it does not so comply. "

(3) In section 20 (regulations relating to taxis etc.) after subsection (2) insert--

" (2A) Without prejudice to the generality of subsections (1) and (2) above, regulations under those subsections may make such provision as appears to the Secretary of State to be necessary or expedient in relation to the carrying in taxis of disabled persons (within the meaning of section 1(2) of the [1995 c. 50.] Disability Discrimination Act 1995) and such provision may in particular prescribe--

(a) requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other categories of dog;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

and in this subsection--

"guide dog" means a dog which has been trained to guide a blind person;
"hearing dog" means a dog which has been trained to assist a deaf person; and
"other categories of dog" means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe. "

Public service vehicles

40 PSV accessibility regulations

(1) The Secretary of State may make regulations ("PSV accessibility regulations") for the purpose of 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 be carried in such vehicles in safety and in reasonable comfort.

(2) PSV accessibility 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;

(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) Any person who--

(a) contravenes or fails to comply with any provision of the PSV accessibility regulations,

(b) uses on a road a regulated public service vehicle which does not conform with any provision of the regulations with which it is required to conform, or

is guilty of an offence.

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

(5) In this section--

"public service vehicle" means a vehicle which is--
(a)
adapted to carry more than eight passengers; and
(b)
a public service vehicle for the purposes of the [1981 c. 14.] Public Passenger Vehicles Act 1981;
"regulated public service vehicle" means any public service vehicle to which the PSV accessibility regulations are expressed to apply.

(6) Different provision may be made in regulations under this section--

(a) as respects different classes or descriptions of vehicle;

(b) as respects the same class or description of vehicle in different circumstances.

(7) Before making any regulations under this section or section 41 or 42 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

41 Accessibility certificates

(1) A regulated public service vehicle shall not be used on a road unless--

(a) a vehicle examiner has issued a certificate (an "accessibility certificate") that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or

(b) an approval certificate has been issued under section 42 in respect of the vehicle.

(2) The Secretary of State may make regulations--

(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 in place of certificates which have been lost or destroyed.

(3) If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) In this section "operator" has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981.

42 Approval certificates

(1) Where the Secretary of State is satisfied that such provisions of the PSV accessibility regulations as may be prescribed for the purposes of section 41 are satisfied in respect of a particular vehicle he may approve the vehicle for the purposes of this section.

(2) A vehicle which has been so approved is referred to in this section as a "type vehicle".

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

(4) A vehicle examiner may, after examining (if he thinks fit) the vehicle to which the declaration applies, issue a certificate in the prescribed form ("an approval certificate") that it conforms to the type vehicle.

(5) The Secretary of State may make regulations--

(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;

(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 his approval of a type vehicle.

(7) Where an approval is withdrawn--

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

(b) any approval certificate issued by reference to the type vehicle before the withdrawal shall continue to have effect for the purposes of section 41.

(8) In subsection (3) "authorised person" means a person authorised by the Secretary of State for the purposes of that subsection.

43 Special authorisations

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

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

(b) any regulated public service vehicle which is so specified,

and nothing in section 40, 41 or 42 prevents the use of any vehicle in accordance with the order.

(2) Any such authorisation may be given subject to such restrictions and conditions as may be specified by or under the order.

(3) The Secretary of State may by order make provision for the purpose of securing that, subject to such restrictions and conditions as may be specified by or under the order, provisions of the PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order subject to such modifications or exceptions as may be specified by the order.

44 Reviews and appeals

(1) Subsection (2) applies where--

(a) the Secretary of State refuses an application for the approval of a vehicle under section 42(1); 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 45.

(2) 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.

(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 such a 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 such directions as he thinks fit to the vehicle examiner for giving effect to his decision.

45 Fees

(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 grants of, approval under section 42(1);

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

(d) reviews and appeals under section 44.

(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.

Rail vehicles

46 Rail vehicle accessibility regulations

(1) The Secretary of State may make regulations ("rail vehicle accessibility regulations") for the purpose of securing that it is possible--

(a) for disabled persons--

(i) to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;

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

(b) for disabled persons in wheelchairs--

(i) to get on to and off such vehicles in safety and without unreasonable difficulty while remaining in their wheelchairs, and

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

(2) Rail vehicle accessibility 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;

(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) If a regulated rail vehicle which does not conform with any provision of the rail vehicle accessibility regulations with which it is required to conform is used for carriage, the operator of the vehicle is guilty of an offence.

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

(5) Different provision may be made in rail vehicle accessibility regulations--

(a) as respects different classes or descriptions of rail vehicle;

(b) as respects the same class or description of rail vehicle in different circumstances;

(6) In this section--

"network" means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
"operator", in relation to any rail vehicle, means the person having the management of that vehicle;
"rail vehicle" means a vehicle--
(a)
constructed or adapted to carry passengers on any railway, tramway or prescribed system; and
(b)
first brought into use, or belonging to a class of vehicle first brought into use, after 31st December 1998;
"regulated rail vehicle" means any rail vehicle to which the rail vehicle accessibility regulations are expressed to apply; and
"wheelchair accommodation" has such meaning as may be prescribed.

(7) In subsection (6)--

"prescribed system" means a system using a prescribed mode of guided transport ("guided transport" having the same meaning as in the [1992 c. 42.] Transport and Works Act 1992); and
"railway" and "tramway" have the same meaning as in that Act.

(8) The Secretary of State may by regulations make provision as to the time when a rail vehicle, or a class of rail vehicle, is to be treated, for the purposes of this section, as first brought into use.

(9) Regulations under subsection (8) may include provision for disregarding periods of testing and other prescribed periods of use.

(10) For the purposes of this section and section 47, a person uses a vehicle for carriage if he uses it for the carriage of members of the public for hire or reward at separate fares.

(11) Before making any regulations under subsection (1) or section 47 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

47 Exemption from rail vehicle accessibility regulations

(1) The Secretary of State may by order (an "exemption order") authorise the use for carriage of any regulated rail vehicle of a specified description, or in specified circumstances, even though that vehicle does not conform with the provisions of the rail vehicle accessibility regulations with which it is required to conform.

(2) Regulations may make provision with respect to exemption orders including, in particular, provision as to--

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

(b) the form in which such applications are to be made;

(d) the period for which exemption orders are to continue in force;

(e) the revocation of exemption orders.

(3) After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may--

(a) make an exemption order in the terms of the application;

(b) make an exemption order in such other terms as he considers appropriate;

(4) An exemption order may be made subject to such restrictions and conditions as may be specified.

(5) In this section "specified" means specified in an exemption order.

Supplemental

48 Offences by bodies corporate etc

(1) Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.

(2) In subsection (1) "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where, in Scotland, an offence under section 40 or 46 committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, is guilty of the offence.

49 Forgery and false statements

(1) In this section "relevant document" means--

(a) a certificate of exemption issued under section 36 or 37;

(b) a notice of a kind mentioned in section 36(9)(b) or 37(8)(b);

(d) an approval certificate.

(2) A person is guilty of an offence if, with intent to deceive, he--

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

(b) lends a relevant document to any other person;

(d) makes or has in his possession any document which closely resembles a relevant document.

(3) A person who is 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 two years or to a fine or to both.

(4) A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Part VI The National Disability Council

50 The National Disability Council

(1) There shall be a body to be known as the National Disability Council (but in this Act referred to as "the Council").

(2) It shall be the duty of the Council to advise the Secretary of State, either on its own initiative or when asked to do so by the Secretary of State--

(a) on matters relevant to the elimination of discrimination against disabled persons and persons who have had a disability;

(b) on measures which are likely to reduce or eliminate such discrimination; and

(3) The Secretary of State may by order confer additional functions on the Council.

(4) The power conferred by subsection (3) does not include power to confer on the Council any functions with respect to the investigation of any complaint which may be the subject of proceedings under this Act.

(5) In discharging its duties under this section, the Council shall in particular have regard to--

(a) the extent and nature of the benefits which would be likely to result from the implementation of any recommendation which it makes; and

(b) the likely cost of implementing any such recommendation.

(6) Where the Council makes any recommendation in the discharge of any of its functions under this section it shall, if it is reasonably practicable to do so, make an assessment of--

(a) the likely cost of implementing the recommendation; and

(b) the likely financial benefits which would result from implementing it.

(7) Where the Council proposes to give the Secretary of State advice on a matter, it shall before doing so--

(a) consult any body--

(i) established by any enactment or by a Minister of the Crown for the purpose of giving advice in relation to disability, or any aspect of disability; and

(ii) having functions in relation to the matter to which the advice relates;

(b) consult such other persons as it considers appropriate; and

(8) Schedule 5 makes further provision with respect to the Council, including provision about its membership.

(9) The power conferred on the Council by subsection (2) to give advice on its own initiative does not include power to give advice--

(a) by virtue of paragraph (a) or (b), in respect of any matter which relates to the operation of any provision of or arrangements made under--

(i) the [1944 c. 10.] [1958 c. 33.] Disabled Persons (Employment) Acts 1944 and 1958;

(ii) the [1973 c. 50.] Employment and Training Act 1973;

(iii) the [1978 c. 44.] Employment Protection (Consolidation) Act 1978; or

(iv) section 2(3) of the [1990 c. 35.] Enterprise and New Towns (Scotland) Act 1990; or

(b) by virtue of paragraph (c), in respect of any matter arising under Part II or section 53, 54, 56 or 61.

(10) Subsection (9) shall not have effect at any time when there is neither a national advisory council established under section 17(1)(a) of the Disabled Persons (Employment) Act 1944 nor any person appointed to act generally under section 60(1) of this Act.

51 Codes of practice prepared by the Council

(1) It shall be the duty of the Council, when asked to do so by the Secretary of State--

(a) to prepare proposals for a code of practice dealing with the matters to which the Secretary of State's request relates; or

(b) to review a code and, if it considers it appropriate, propose alterations.

(2) The Secretary of State may, in accordance with the procedural provisions of section 52, issue codes of practice in response to proposals made by the Council under this section.

(3) A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(4) A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.

(5) If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(6) In this section and section 52 "code" means a code issued by the Secretary of State under this section and includes a code which has been altered and re-issued.

52 Further provision about codes issued under section 51

(1) In this section "proposal" means a proposal made by the Council to the Secretary of State under section 51.

(2) In preparing any proposal, the Council shall consult--

(a) such persons (if any) as the Secretary of State has specified in making his request to the Council; and

(b) such other persons (if any) as the Council considers appropriate.

(3) Before making any proposal, the Council shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.

(4) Where the Council makes any proposal, the Secretary of State may--

(a) approve it;

(b) approve it subject to such modifications as he considers appropriate; or

(5) Where the Secretary of State approves any proposal (with or without modifications), he shall prepare a draft of the proposed code and lay it before each House of Parliament.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.

(7) If no such resolution is made within the 40-day period, the Secretary of State shall issue the code in the form of his draft.

(8) The code shall come into force on such date as the Secretary of State may appoint by order.

(9) Subsection (6) does not prevent a new draft of the proposed code from being laid before Parliament.

(10) If the Secretary of State refuses to approve a proposal, he shall give the Council a written statement of his reasons for not approving it.

(11) The Secretary of State may by order revoke a code.

(12) In this section "40-day period", in relation to the draft of a proposed code, means--

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Part VII Supplemental

53 Codes of practice prepared by the Secretary of State

(1) The Secretary of State may issue codes of practice containing such practical guidance as he considers appropriate with a view to--

(a) eliminating discrimination in the field of employment against disabled persons and persons who have had a disability; or

(b) encouraging good practice in relation to the employment of disabled persons and persons who have had a disability.

(2) The Secretary of State may from time to time revise the whole or any part of a code and re-issue it.

(3) Without prejudice to subsection (1), a code may include practical guidance as to--

(a) the circumstances in which it would be reasonable, having regard in particular to the costs involved, for a person to be expected to make adjustments in favour of a disabled person or a person who has had a disability; or

(b) what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing, in the course of their employment, anything which is made unlawful by this Act.

(4) A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(5) A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.

(6) If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(7) In this section and section 54 "code" means a code issued by the Secretary of State under this section and includes a code which has been revised and re-issued.

(8) In subsection (1)(a), "discrimination in the field of employment" includes discrimination of a kind mentioned in section 12 or 13.

(9) In subsections (1)(b) and (3), "employment" includes contract work (as defined by section 12(6)).

54 Further provision about codes issued under section 53

(1) In preparing a draft of any code under section 53, the Secretary of State shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as he considers appropriate.

(2) Where the Secretary of State proposes to issue a code, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations.

(3) If the Secretary of State decides to proceed with a proposed code, he shall lay a draft of it before each House of Parliament.

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