Statutory Instruments
Disabled Persons
Transport
Made
22nd March 2010
Coming into force
6th April 2010
The Secretary of State makes the following Order in exercise of the powers conferred by sections 47(1), (1A) and (4) and 67(2) of the Disability Discrimination Act 1995(1).
Having consulted the Disabled Persons Transport Advisory Committee(2) in accordance with section 67A(1)(3) of that Act, the Secretary of State has decided that the Parliamentary procedure to be adopted is that a draft statutory instrument containing the order will be laid before Parliament for approval by each House of Parliament.
In accordance with section 67(5A)(4) of that Act a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
1. This Order may be cited as the Rail Vehicle Accessibility (Networks) Exemption Order 2010 and comes into force on the fifteenth day after the day on which it is made.
2. In this Order—
“fairground equipment” means—
any fairground ride; or
any similar equipment which is designed to be in motion solely for entertainment purposes with members of the public on or inside it;
“heritage or tourist network” means a network named or described in the Schedule or within the grounds of a place named or described in the Schedule;
“mine” has the same meaning as in section 180 of the Mines and Quarries Act 1954(5);
“network” means any permanent way or other means of guiding or supporting rail vehicles(6) or any section of it;
“quarry” has the same meaning as in regulation 3 of the Quarries Regulations 1999(7);
“traffic day” means a period of 24 hours starting at 3am.
3.—(1) A rail vehicle first brought into use before 1st January 1999 is authorised to be used for carriage as indicated in paragraph (2) even though—
(a)it does not conform with the provisions of rail vehicle accessibility regulations(8) with which it is required to conform, or
(b)it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,
but this is subject to paragraphs (3) and (4).
(2) The authorisation under paragraph (1) applies to—
(a)the use for carriage on a heritage or tourist network,
(b)the use for carriage in a depot that forms part of a network to which the provisions of rail vehicle accessibility regulations apply and which is not a heritage or tourist network, and
(c)the use for carriage on one or more networks—
(i)to which the provisions of rail vehicle accessibility regulations apply; and
(ii)which are not otherwise authorised by this article,
on not more than 20 traffic days in any calendar year.
(3) The authorisation for use for carriage by virtue of paragraph (2)(a) or (b) applies only if the rail vehicle—
(a)is used to demonstrate or operate a historical or special type of transport service; and
(b)is used primarily for tourist, educational or recreational purposes.
(4) The authorisation for use for carriage by virtue of paragraph (2)(c) applies only if—
(a)it has been used for carriage in accordance with paragraphs (2)(a) or (b), and (3) at some time in the preceding twelve months,
(b)it has been on display at a museum as an example or replica of a historical rail vehicle at some time in the preceding twelve months, or
(c)it is a restored vehicle and arrangements are in place—
(i)for the rail vehicle to be used in accordance with paragraphs (2)(a) or (b), and (3), or
(ii)for it to be displayed at a museum as an example or replica of a historical rail vehicle, and
when it is used for carriage on the first of the 20 permitted traffic days in a calendar year it is being used for the first time after being restored.
4.—(1) A rail vehicle is authorised to be used for carriage as indicated in paragraph (2) even though—
(a)it does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform, or
(b)it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,
but this is subject to paragraph (4).
(2) The authorisation under paragraph (1) applies to—
(a)the use for carriage on a network described in paragraph (3) (“a miscellaneous network”), and
(b)the use for carriage on one or more networks—
(i)to which the provisions of rail vehicle accessibility regulations apply; and
(ii)which are not miscellaneous networks,
on not more than 20 traffic days in any calendar year.
(3) A miscellaneous network is a network which—
(a)is situated entirely on premises used for the purposes of an industrial undertaking or an undertaking engaged in the generation of electricity;
(b)forms part of a mine or quarry;
(c)is used solely in connection with the carrying out of any engineering or building works;
(d)is situated entirely within an establishment which is intended to be used solely for the purposes of the armed forces of the United Kingdom or visiting armed forces or the Ministry of Defence;
(e)is situated entirely within the grounds of a dwelling house and is not connected to any other network; or
(f)is used as or as part of any fairground equipment.
(4) The authorisation for use for carriage by virtue of paragraph (2)(b) applies only if it has been used for carriage in accordance with paragraph (2)(a) some time in the preceding twelve months.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
22nd March 2010
Article 2
| Name or description of network |
|---|
| Abbey Light Railway |
| Abbey Pumping Station Museum |
| Aberystwyth Electric Cliff Railway |
| Alford Valley Railway |
| Almond Valley Railway |
| Aln Valley Railway |
| Amberley Working Museum |
| American Adventure Theme Park |
| Amerton Railway |
| Apedale Valley Light Railway |
| Appleby Frodingham Railway |
| Avon Valley Railway |
| Babbacombe Cliff Railway |
| Bala Lake Railway |
| Barrow Hill Roundhouse Railway Centre |
| Battlefield Line Railway |
| Beamish North of England Open Air Museum |
| Bicton Woodland Railway |
| Bideford Railway Museum |
| The Black Country Living Museum |
| Blackpool Zoo Miniature Railway |
| Blenheim Park Railway |
| Bluebell Railway |
| Bodmin and Wenford Railway |
| Bo’ness and Kinneil Railway |
| Bournemouth Fisherman’s Walk Cliff Railway |
| Bowes Railway |
| Bradford Industrial Museum |
| Brecon Mountain Railway |
| Bredgar and Wormshill Light Railway |
| Bressingham Steam Museum |
| Bridgend Valleys Railway |
| Bridgnorth Castle Hill Railway |
| Bristol Harbour Railway |
| Buckinghamshire Railway Centre |
| Bure Valley Railway |
| Burseldon Brickworks |
| Burry Port and Gwendraeth Valley Railway |
| Cairngorm Mountain Railway |
| Caledonian Railway |
| Cambrian Heritage Railway |
| Central Tramway Scarborough |
| Centre for Alternative Technology |
| Chasewater Railway |
| Chinnor and Princes Risborough Railway |
| Cholsey and Wallingford Railway |
| Churnet Valley Railway |
| Cleethorpes Coast Light Railway |
| Colne Valley Railway |
| Combe Martin Wildlife and Dinosaur Park |
| Conkers Express |
| Conwy Valley Railway Museum |
| Corris Railway |
| Cotswold Wildlife Park |
| Coventry Railway Centre |
| Craigtoun Miniature Railway |
| Cricket St Thomas Wildlife Park |
| Darlington Railway Centre and Museum |
| Dartmoor Railway |
| Dart Valley Railway |
| Dean Forest Railway |
| Derbyshire Dales Narrow Gauge Railway |
| Derwent Valley Light Railway |
| Devon Railway Centre |
| Didcot Railway Centre |
| Dolgarrog Railway |
| Drayton Manor Park |
| Drusillas Zoo Park |
| Dunaskin Heritage Centre |
| East Anglia Transport Museum |
| East Anglian Railway Museum |
| East Cliff Railway (Bournemouth) |
| East Hayling Light Railway |
| East Hill Cliff Railway (Hastings) |
| East Kent Railway |
| East Lancashire Railway |
| East Links Family Park |
| East Somerset Railway |
| East Suffolk Light Railway |
| Eaton Hall |
| Ecclesborne Valley Railway |
| Eden Valley Railway |
| Elsecar Steam Railway |
| Embsay and Bolton Abbey Steam Railway |
| Epping Ongar Railway |
| Evesham Vale Light Railway |
| Ffestiniog & Welsh Highland Railways |
| Flamingo Land Theme Park and Zoo |
| Foxfield Light Railway |
| Gartell Light Railway |
| Gloucestershire Warwickshire Railway |
| Golden Valley Light Railway |
| Great Bush Railway |
| Great Central Railway (Loughborough) |
| Great Central Railway (Nottingham) |
| Great Orme Tramway |
| Guilliver’s Theme Park, Warrington |
| Guilliver’s World, Milton Keynes |
| Gwili Steam Railway |
| Haigh Country Park |
| Heatherslaw Light Railway |
| Heaton Park Tramway |
| Hollycombe Steam Collection |
| Hopewell Colliery Museum |
| Hythe Pier Railway |
| Imperial War Museum |
| Irchester Country Park |
| Isle of Wight Steam Railway |
| Keighley and Worth Valley Railway |
| Keith and Dufftown Railway |
| Kent and East Sussex Railway |
| Kew Bridge Steam Museum |
| Kirkland Sidings Heritage Centre |
| Kirklees Light Railway |
| Knowsley Safari Park |
| Lakeside and Haverthwaite Railway |
| Lakeside Miniature Railway |
| Lappa Valley Steam Railway |
| Launceston Steam Railway |
| Lavender Line |
| Leadhills and Wanlockhead Railway |
| Leas Cliff Railway (Folkestone) |
| Leeds Industrial Museum, Armley Mills |
| Legoland, Windsor |
| Leighton Buzzard Railway |
| Lightwater Valley Theme Park |
| Lincolnshire Coast Light Railway |
| Lincolnshire Wolds Railway |
| Llanberis Lake Railway |
| Llangollen Railway |
| Llechwedd Slate Caverns |
| Locomotion, the National Railway Museum at Shildon |
| Longleat |
| Lynton and Barnstaple Railway |
| Lynton and Lynmouth Cliff Railway |
| Mangapps Farm Railway Museum |
| Margam Country Park |
| Markeaton Park |
| Marwells Zoological Park |
| Mid-Hants Watercress Railway |
| Mid-Norfolk Railway |
| Mid-Suffolk Light Railway Museum |
| Middleton Railway |
| Midland Railway, Butterley |
| Milkyway Adventure Park |
| Morwellham Quay Historic Port and Copper Mine |
| Museum of Great Western Railway |
| Museum of Science and Industry, Manchester |
| National Coal Mining Museum for England |
| National Railway Museum, York |
| National Slate Museum, Llanberis |
| National Tramway Museum |
| Nene Valley Railway |
| North Bay Railway |
| North Gloucestershire Railway |
| North Ings Farm Museum |
| North Norfolk Railway |
| North Tyneside Steam Railway |
| North Yorkshire Moors Railway |
| Northampton and Lamport Steam Railway |
| Oakwood Theme Park |
| Old Kiln Light Railway |
| Oswestry Railway Museum |
| Queen Elizabeth II Country Park |
| Paignton and Dartmouth Railway |
| Paignton Zoo Environmental Park |
| Paradise Park |
| Paultons Park |
| Peak Rail |
| Pembrey Country Park |
| Perrygrove Railway |
| Pleasure Beach Express |
| Pleasure Island Family Theme Park |
| Pleasurewood Hills Leisure Park |
| Plym Valley Railway |
| Pontypool and Blaenavon Railway |
| Prestongrange Industrial Heritage Museum |
| Ravenglass and Eskdale Railway |
| Rhyl Miniature Railway |
| Ribble Steam Railway |
| Ripon and District Light Railway |
| Romney, Hythe and Dymchurch Railway |
| Rother Valley Railway |
| Royal Deeside Railway |
| Royal Gunpowder Mills |
| Rutland Railway Museum to Ashwell Station |
| Saltburn Cliff Lift |
| Saltburn Miniature Railway |
| Scottish Industrial Railway Centre |
| Seaton and District Electric Tramway |
| Severn Valley Railway |
| Sherwood Forest Theme Park |
| Shipley Glen Tramway |
| Sittingbourne and Kemsley Light Railway |
| Snibston Colliery Railway |
| Snowdon Mountain Railway |
| Somerset and Dorset Railway (Midsomer Norton) |
| South Cliff Railway (Scarborough) |
| South Devon Railway |
| South Tynedale Railway |
| Southend Cliff Railway |
| Southend Pier Railway |
| Spa Cliff Lift |
| Spa Valley Railway |
| St Nicholas Cliff Lift |
| Stainmore Railway |
| Steam, the Museum of the Great Western Railway |
| Steeple Grange Light Railway |
| Strathspey Railway |
| Steam Dreams |
| Stephenson Railway Museum |
| Stevington and Turvey Light Railway |
| Strumpshaw Steam Railway Museum |
| The Stone Line |
| Summerlee Heritage Park |
| Swanage Railway (Purbeck Line) |
| Swansea Vale Railway |
| Swindon and Cricklade Railway |
| Talyllyn Railway Co |
| Tanfield Railway |
| Teifi Valley Railway |
| Telford Steam Railway |
| Thorpe Park |
| Threlkeld Quarry Railway |
| Tyseley Locomotive Works |
| Vale of Glamorgan Railway |
| Vale of Rheidol Railway |
| Valley International Park |
| Volks Electric Railway |
| Weardale Railway |
| Welsh Highland Heritage Railway |
| Welshpool and Llanfair Light Railway |
| Wensleydale Railway |
| West Cliff Railway (Bournemouth) |
| West Hill Cliff Railway (Hastings) |
| West Lancashire Light Railway |
| West Midlands Safari Leisure Park |
| West Somerset Railway |
| Whipsnade Wild Animal Park |
| Wicksteed Park |
| Windmill Animal Farm Railway |
| Wirral Tramway Light Railway |
| Woburn Safari Park |
| Yaxham Light Railway |
| Yeovil Railway Centre |
(This note is not part of the Order)
This Order authorises the use of rail vehicles–
(i)on networks named or described in the Schedule to the Order (article 3);
(ii)in depots forming part of networks not named in the Schedule for tourist, educational or recreational purposes (article 3); and
(iii)on networks indicated in article 4(3), such as a network in the grounds of a dwelling house,
even though the rail vehicles or their use is not in conformity with provisions of rail accessibility regulations made under section 46(1) of the Disability Discrimination Act 1995 (c.50).
It also authorises each rail vehicle to be used on networks not otherwise covered by the Order during no more than 20 traffic days per calendar year (traffic days being as defined in article 2).
The authorisations are subject to conditions (see articles 3(3) and (4) and 4(4)). The authorisation to use rail vehicles on networks named or described in the Schedule or in depots only applies to rail vehicles first brought into use before 1st January 1999.
An impact assessment has not been produced for this instrument because no additional cost on business, charities or voluntary bodies is foreseen and the impact on the public sector is negligible.
1995 c. 50; section 47(1) and (1A) was inserted by section 6(3) of the Disability Discrimination Act 2005 (c. 13).
The Disabled Persons Transport Advisory Committee was established under section 125 of the Transport Act 1985 (c. 67) and has a statutory duty to provide the Government with advice on the public passenger transport needs of disabled people.
Section 67A was inserted by section 6(4) of the Disability Discrimination Act 2005. The Secretary of State has discretion as to which of the two types of parliamentary procedures referred to in section 67(5A) of that Act is to be adopted because regulations made under section 67A(3) are in force (see section 67A(2)(a) and S.I. 2008/2975). Those regulations set out the basis on which the Secretary of State exercises that discretion.
Section 67(5A) was inserted by section 19(1) and Schedule 1, Part 1, paragraph 33(5) of the Disability Discrimination Act 2005.
1954 c. 70; see section 180 which was amended by S.I. 1974/2013, 1993/1897 and 1999/2024.
“rail vehicle” is defined in sections 46(6) and 68(1) of the Disability Discrimination Act 1995; the definition in section 46(6) is amended by section 6(2)(b) of the Disability Discrimination Act 2005 and SI 2008/1746.
S.I. 1999/2024, to which there are amendments not relevant to this Order; see regulation 3. Regulation 3(2)(c) provides that “quarry” does not include certain types of railway line.
“rail vehicle accessibility regulations” is defined in section 68(1) of the Disability Discrimination Act 1995.