Public authorities

1 Councillors and members of the Greater London Authority

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2 Discrimination by public authorities

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3 Duties of public authorities

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4 Police

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Transport

5 Application of sections 19 to 21 of the 1995 Act to transport vehicles

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6 Rail vehicles: application of accessibility regulations

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9 Recognition of disabled persons' badges issued outside Great Britain

In the Chronically Sick and Disabled Persons Act 1970 (c. 44), after section 21 there is inserted—

“ 21A Recognition of badges issued outside Great Britain

(1) For the purposes of this section and section 21B, a “recognised badge” means—

(a) a badge issued under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, or any provision replacing that section, as from time to time amended, or

(b) a badge issued under provisions of the law of any jurisdiction outside the United Kingdom that are specified in regulations made by the appropriate national authority.

(2) In exercising the power under subsection (1)(b), the appropriate national authority may specify a provision only if it appears to the authority that badges issued under the provision are issued by reference to persons who are, or include, disabled persons.

(3) A recognised badge may be displayed on a motor vehicle only in such circumstances and in such manner as may be prescribed by regulations made by the appropriate national authority.

(4) A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge purporting to be a recognised badge is displayed on the vehicle is guilty of an offence unless the badge is a recognised badge and is displayed in accordance with regulations made under subsection (3).

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be a recognised badge, he may require any person who—

(a) is in the vehicle, or

(b) appears to have been in, or to be about to get into, the vehicle,

to produce the badge for inspection.

(7) The power conferred on an enforcement officer by subsection (6) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

(8) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this section “enforcement officer” has the meaning given by section 21(4BB).

21B Recognised badges treated as badges under section 21 for certain purposes

(1) The concessions mentioned in subsection (2) shall apply in respect of vehicles lawfully displaying a recognised badge as they apply in respect of vehicles lawfully displaying a badge issued under section 21.

(2) The concessions are—

(a) any exemption from an order under the Road Traffic Regulation Act 1984 given by reference to vehicles lawfully displaying a badge issued under section 21;

(b) any provision made in an order under that Act for the use of a parking place by such vehicles.

(3) The appropriate national authority may by regulations provide that recognised badges are to be treated, for purposes specified in the regulations, as if they were badges issued under section 21.

21C Sections 21A and 21B: regulations and interpretation

(1) Any power to make regulations under section 21A or 21B—

(a) is exercisable by statutory instrument, and

(b) includes power—

(i) to make different provision for different cases, and

(ii) to make incidental, supplementary, transitional or consequential provision.

(2) A statutory instrument containing regulations made under section 21A or 21B by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In sections 21A and 21B, “appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales. ”

Other matters

10 Discriminatory advertisements

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11 Group insurance

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12 Private clubs etc.

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13 Discrimination in relation to letting of premises

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14 Power to modify or end small dwellings exemptions

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15 General qualifications bodies

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16 Improvements to let dwelling houses

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17 Generalisation of section 56 of the 1995 Act in relation to Part 3 claims

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18 Meaning of “disability”

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Supplementary

19 Minor and consequential amendments and repeals and revocation

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20 Short title, interpretation, commencement and extent

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SCHEDULES

Section 19(1)

SCHEDULE 1 Minor and consequential amendments

Part 1 Amendments of the 1995 Act

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31 (1) Section 64 (application to Crown etc ) is amended as follows.

(2) Before subsection (1) there is inserted—

“ (A1) The following provisions bind the Crown—

(a) sections 21B to 21E and Part 5A, and

(b) the other provisions of this Act so far as applying for the purposes of provisions mentioned in paragraph (a);

and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown. ”

(3) In subsection (1) (Act applies to certain acts done on behalf of the Crown as to acts done by private persons), after “This Act” there is inserted “ ;, other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1), ” .

(4) In subsection (2A) (subsections (1) and (2) have effect subject to section 64A), for “(1) and” there is substituted “ ;(A1) to ” .

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 (1) Section 67 (regulations and orders) is amended as follows.

(2) In subsection (1) (powers to be exercised by statutory instrument), after “Any power under this Act” there is inserted “ ;of the Secretary of State, the Scottish Ministers or the National Assembly for Wales ” .

(3) In subsection (3)(a) (power to make such incidental etc. provision as appears to the Secretary of State to be expedient), for “Secretary of State” there is substituted “ ;person by whom the power is exercisable ” .

(4) After subsection (3) there is inserted—

“ (3A) Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).

(3B) The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).

(3C) The provision that may be made by regulations under any of subsections (1) to (4) of section 49D in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing an enactment. ”

(5) For subsections (4) and (5) (instruments containing orders under section 50(3), which has been repealed, to be subject to affirmative procedure and, with certain exceptions, other instruments to be subject to annulment) there is substituted—

“ (4) Subsection (4A) applies to—

(a) the first regulations to be made under section 21H(1);

(b) the first regulations to be made under each of subsections (1), (2) and (4) of section 31AE;

(c) regulations under section 31AE(1), (2) or (4) that amend this Act;

(d) regulations under section 31AE(1) that make provision as to remedies;

(e) regulations under section 47J(3);

(f) regulations under section 49D(1) or (2) that, in exercise of the power under subsection (3)(a), amend or repeal an enactment contained in an Act or in an Act of the Scottish Parliament;

(g) regulations under section 67A(3);

(h) regulations under paragraph 6A(2) of Schedule 1.

(4A) No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations (whether containing the regulations alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(4B) Subsection (4C) applies to regulations under section 49D(3) or (4) that, in exercise of the power under subsection (3)(a), amend or repeal any enactment contained in an Act or in an Act of the Scottish Parliament.

(4C) No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations (whether containing the regulations alone or with other provisions) has been laid before, and approved by a resolution of, the Scottish Parliament.

(4D) A statutory instrument—

(a) that—

(i) contains regulations under section 49D(3) or (4), and

(ii) is not subject to the requirement in subsection (4C) that a draft of the instrument be laid before, and approved by, the Scottish Parliament, or

(b) that contains regulations or an order made by the Scottish Ministers under section 33,

shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) A statutory instrument—

(a) that—

(i) contains regulations made by the Secretary of State under this Act, and

(ii) is not subject to the requirement in subsection (4A) that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or

(b) that contains an order made by the Secretary of State under this Act that is not an order under section 3(9), 47(1), 53A(6)(a) or 70(3),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5A) A statutory instrument that contains an order under section 47(1), if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House, but the exercise of the discretion conferred by this subsection is subject to section 67A. ”

34 (1) Section 68 (interpretation) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (1), in the definition of “ regulations ”, after “Secretary of State” there is inserted “ ;, except in sections 2(3), 28D, 28L(6), 28Q(7), 33, 49D to 49F and 67 (provisions where the meaning of “regulations is apparent)” .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Part 2 Amendments related to disabled persons' badges

Chronically Sick and Disabled Persons Act 1970 (c. 44)

41 In section 21(4) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by institutions concerned with the care of disabled people), for “institution” there is substituted “ ;organisation ” in both places where it occurs.

Road Traffic Regulation Act 1984 (c. 27)

42 The Road Traffic Regulation Act 1984 shall have effect with the following amendments.

43 (1) Section 105 (exemptions from section 104) is amended as follows.

(2) In subsection (1), after paragraph (a) there is inserted—

“ (aa) a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle; or ” .

(3) After subsection (6) there is inserted—

“ (6A) In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(aa) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6B) below are met.

(6B) Those conditions are that at the time when the contravention occurred—

(a) the vehicle was not being used in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970(display of non-GB badges); and

(b) he was not using the vehicle in circumstances falling within section 117(1A)(b) of this Act. ”

44 (1) Section 117 (wrongful use of disabled person’s badge) is amended as follows.

(2) In subsection (1), for “this section” there is substituted “ this subsection ” in both places where it occurs.

(3) After subsection (1) there is inserted—

“ (1A) A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—

(a) there was displayed on the motor vehicle in question a badge purporting to be a recognised badge, and

(b) he was using the vehicle in circumstances where a concession would, by virtue of section 21B of the Chronically Sick and Disabled Persons Act 1970, be available to a vehicle lawfully displaying a recognised badge,

but he shall not be guilty of an offence under this subsection if the badge was a recognised badge and displayed in accordance with regulations made under section 21A of that Act. ”

(4) In subsection (3), at the end there is inserted—

“ “recognised badge” has the meaning given in section 21A of the Chronically Sick and Disabled Persons Act 1970. ”

Road Traffic Offenders Act 1988 (c. 53)

45 (1) Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall have effect with the following amendments.

(2) After the entry for section 105(5) of the Road Traffic Regulation Act 1984, there is inserted—

(3) In the entry for section 117 of that Act, for “117” there is substituted “ ;117(1) ” .

(4) After that entry there is inserted—

Road Traffic Act 1991 (c. 40)

46 (1) Section 70 of the Road Traffic Act 1991(exemptions from section 69 of that Act) shall have effect with the following amendments.

(2) In subsection (1), after paragraph (a) there is inserted—

“ (aa) a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle; ” .

(3) After subsection (2) there is inserted—

“ (2A) In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(aa) above and the vehicle was not, at the time at which it was parked, being used—

(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

(b) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984(use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. ”

Courts Act 2003 (c. 39)

47 (1) Paragraph 46 of Schedule 5 to the Courts Act 2003 (provision to give effect to clamping orders) shall have effect with the following amendments.

(2) In sub-paragraph (2)(a), after “badge” there is inserted “ ;or a current recognised badge ” .

(3) In sub-paragraph (3), at the end there is inserted—

“ “recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain). ”

Traffic Management Act 2004 (c. 18)

48 (1) Section 79 of the Traffic Management Act 2004 (immobilisation of vehicle where penalty charge payable) shall have effect with the following amendments.

(2) After subsection (5) there is inserted—

“ (5A) The regulations shall provide—

(a) that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and

(b) that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—

(i) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

(ii) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984(use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. ”

(3) In subsection (7), after the definition of “ parking place ” there is inserted—

• “ “ ;recognised badge ” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970. ”

Part 3 Other amendments

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

49 In section 18 of the Disabled Persons (Services, Consultation and Representation) Act 1986, after subsection (3) (regulations and orders to be made by statutory instrument and, with the exception of commencement orders, to be subject to annulment) there is inserted—

“ (3A) As regards any regulations or order made under this Act by the National Assembly for Wales, subsection (3) shall have effect without the words after “statutory instrument”. ”

Disability Rights Commission Act 1999 (c. 17)

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Section 19(2)

SCHEDULE 2 Repeals and revocation