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Statutory Rules of Northern Ireland

2001 No. 169

DISABLED PERSONS

The Disability Discrimination (Taxis) (Carrying of Guide Dogs etc.) Regulations (Northern Ireland) 2001

Made

11th April 2001

Coming into operation in accordance with regulation 1(1)

The Department of the Environment, in exercise of the powers conferred on it by sections 37(8)(b) and (9) of the Disability Discrimination Act 1995(1), and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Disability Discrimination (Taxis) (Carrying of Guide Dogs etc.) Regulations (Northern Ireland) 2001 and shall come into operation for the purposes of—

(a)regulation 2(1) on 1st June 2001;

(b)regulations 2(2) and 3 on 1st August 2001.

(2) In these Regulations “the 1995 Act” means the Disability Discrimination Act 1995.

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Notices of exemption

2.—(1) The prescribed notice of exemption for the purposes of section 37(8)(b) of the 1995 Act shall be the notice set out in the Schedule.

(2) The prescribed manner of exhibiting a notice of exemption for the purposes of section 37(8)(b) of the 1995 Act shall be by either—

(a)affixing it in a prominent position on the dashboard of the taxi, facing upwards; or

(b)affixing it to the windscreen of the taxi, facing outwards.

Categories of dog

3.—(1) An assistance dog is prescribed as a category of dog for the purposes of section 37(9) of the 1995 Act.

(2) An “assistance dog” means a dog which—

(a)is trained by a specified charity to assist a disabled person with a physical impairment for the purpose of section 1 of the 1995 Act which—

(i)consists of epilepsy, or

(ii)otherwise affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects; and

(b)at the time that the disabled person whom it is assisting hires a taxi, is wearing a jacket on which is prominently inscribed the name of a specified charity.

(3) A “specified charity” means—

(a)“Dogs for the Disabled” registered with the Charity Commission under registration number 700454;

(b)“Support Dogs” registered with the Charity Commission under registration number 1017237; or

(c)“Canine Partners for Independence” registered with the Charity Commission under registration number 803680.

Sealed with the Official Seal of the Department of the Environment on 11th April 2001.

L.S.

Sam Foster

Minister for the Environment

Regulation 2(1)

SCHEDULE

1.  Form of front of notice of exemption

DEPARTMENT OF THE ENVIRONMENT SECTION 37 DISABILITY DISCRIMINATION ACT 1995

Explanatory Note

(This note is not part of the Regulations.)

Section 37 of the Disability Discrimination Act 1995 imposes a duty on taxi drivers to carry, without additional charge a guide dog, hearing dog and other prescribed category of dog when it accompanies the hirer. It also provides that a taxi driver may be exempted from this obligation on medical grounds. The dates on which these provisions come into operation are prescribed by S.R. 2001 No. 163 (C. 10) which was made on 10th April 2001.

The Regulations, which apply to taxis licensed for public hire, prescribe the form of the exemption notice which must be displayed by an exempted driver and the manner of its display in the taxi.

The Regulations also prescribe as an additional category of dog to which section 37 applies certain dogs helping people with epilepsy or certain general physical disabilities.

A Regulatory Impact Assessment has been prepared and copies can be obtained from Driver and Vehicle Licensing Northern Ireland, Road Transport Licensing Division, 148-158 Corporation Street, Belfast, BT1 3DH (telephone 028 9025 4100, fax 028 9025 4003). A copy has been placed in the library of the Northern Ireland Assembly.

(1)

1995 c. 50; section 37 is modified in its application to Northern Ireland by paragraph 21 of Schedule 8; see section 68(1) as substituted by paragraph 47(1) of the said Schedule 8 for the definition of “prescribed” and “regulations”