The Disability Discrimination (Northern Ireland) Order 2006

Application of sections 19 to 21 of the 1995 Act to transport vehiclesN.I.

This sectionnoteType=Explanatory Memorandum has no associated

7.  After section 21 of the 1995 Act insert—

21ZA.    Application of sections 19 to 21 to transport vehicles

(1) Section 19(1)(a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—

(a)in not providing, or in providing, him with a vehicle; or

(b)in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.

(2) For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—

(a)to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b)to have to take steps which would—

(i)affect whether vehicles are provided in the course of the service or what vehicles are so provided, or

(ii)where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.

(3) Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.

(4) In this section—

transport service” means a service which (to any extent) involves transport of people by vehicle;

vehicle” means a vehicle for transporting people by land, air or water, and includes (in particular)—

(a)

a vehicle not having wheels, and

(b)

a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;

guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way)..