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Rail Vehicle (Exemption Applications) Regulations (Northern Ireland) 2001

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Statutory Rules of Northern Ireland

2001 No. 265

DISABLED PERSONS

ROAD AND RAILWAY TRANSPORT

Rail Vehicle (Exemption Applications) Regulations (Northern Ireland) 2001

Made

2nd July 2001

Coming into operation

19th October 2001

The Department for Regional Development(1), in exercise of the powers conferred by section 47(2) of the Disability Discrimination Act 1995(2) and now vested in it(3), and of every other power enabling it in that behalf, having consulted with such representative organisations as it thinks fit in accordance with section 46(11) of the said Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Rail Vehicle (Exemption Applications) Regulations (Northern Ireland) 2001 and shall come into operation on 19th October 2001.

Interpretation

2.—(1) In theses Regulations—

“application” means an application for an exemption;

“exemption” means an exemption order under section 47 of the Act from any relevant requirement;

“relevant requirement” means any requirement of the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001(4) with which a rail vehicle is required to conform; and

“the Act” means the Disability Discrimination Act 1995.

(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Manner of making exemption applications

3.  Every application shall be made in writing to the Department and shall contain the particulars specified in the Schedule.

Period and revocation of exemption orders

4.—(1) An exemption shall continue in force for such period as may be specified in the exemption, but may be revoked by notice by the Department––

(a)at any time if the operator of the relevant regulated rail vehicle so requests; or

(b)forthwith if (having consulted the operator) the Department is satisfied that the operator has failed to comply with any restriction or condition subject to which the exemption was granted.

(2) Before giving a notice pursuant to paragraph (1) the Department shall consult such persons as it considers appropriate.

Sealed with the Official Seal of the Department for Regional Development on 2nd July 2001.

L.S.

R. E. Aiken

A Senior Officer of the

Department for Regional Development

Regulation 3

SCHEDULEParticulars to be provided with application

1.  The full name of the applicant and his address (being, in the case of a company, the address of its registered or principal office).

2.  The description of rail vehicle to which the application relates.

3.  If relevant, the circumstances in which the exemption is to apply.

4.  Every relevant requirement from which exemption is sought.

5.  The technical, economic and operational reasons why exemption is sought.

6.  The effect which non-compliance with any relevant requirement from which exemption is sought would have on a disabled person’s ability to use rail vehicles of the description to which the application relates.

7.  Any measures which could be taken to enable disabled persons to use such rail vehicles if the exemption sought is granted.

8.  Any proposals of the applicant for later modification of such rail vehicles to secure their compliance with the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001 within a stated period.

9.  Unless a permanent exemption is sought, the period during which the exemption is to apply.

10.  Such further information as in the opinion of the Department is necessary to enable it to determine whether to grant the exemption or to impose restrictions or conditions if it grants the exemption.

11.  In this Schedule “use” means—

(a)in the case of disabled persons—

(i)getting on to and off a rail vehicle in safety and without unreasonable difficulty;

(ii)being carried in such a vehicle in safety and reasonable comfort; and

(b)in the case of disabled persons in wheelchairs—

(i)getting on to and off such a vehicle in safety and without unreasonable difficulty while remaining in their wheelchairs; and

(ii)being carried in such a vehicle in safety and reasonable comfort while remaining in their wheelchairs,

and “to use” shall be construed accordingly.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations specify the manner in which applications to the Department for exemption from the requirements of the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001 (S.R. 2001 No. ) are to be made, and the information which must be supplied with any such application. The Regulations also make provision for the period and revocation of exemptions.

(1)

S.I. 1999/283 (N.I.) Article 3(1)

(2)

1995 c. 50; section 47 is modified in its application to Northern Ireland by paragraph 31 of Schedule 8; section 67 is substituted by paragraph 46 of the said Schedule 8; see section 68(1) as substituted by paragraph 47(1) of the said Schedule 8 for the definition of “regulations”

(3)

S.R. 1999 No. 481 Article 6(d) and Schedule 4 Part IV

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