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Statutory Instruments

2010 No. 432

Disabled Persons

Transport

The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010

Made

23rd February 2010

Laid before Parliament

1st March 2010

Coming into force

6th April 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

(a)section 46(1), (2), (4A), (5) and (7) and section 67(2) and (3)(a) of the Disability Discrimination Act 1995(1);

(b)section 2(2) (b) of the European Communities Act 1972(2); and

(c)section 247 of the Transport Act 2000(3).

In accordance with section 46(11) of the Disability Discrimination Act 1995 the Secretary of State has consulted the Disabled Persons Transport Advisory Committee(4) and such other representative organisations as the Secretary of State thinks fit.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to discrimination(5) and to railways and railway transport(6).

(1)

1995 c.50. Section 46(3), (4), and (8) to (10) and the definition of “operator” in section 46(6) were repealed by the Disability Discrimination Act 2005 (c.13), Schedule 2. Section 46(4A) was inserted by section 6(1) of that Act. In section 46(6) the definition of “rail vehicle” was substituted by section 6(2)(b) of that Act, as inserted by S.I. 2008/1746, the definitions of “conventional TEN rail system” and “high-speed rail system” were inserted by section 6(2)(a) of that Act, as inserted by that instrument, and the definition of “regulated rail vehicle” was amended by Schedule 1, Part 1, paragraphs 1 and 27(b), of that Act. Section 67(1) and (3) (a) were amended by Schedule 1, Part 1, paragraphs 1 and 33 (1), (2) and (3), of that Act. See section 68(1) of the Disability Discrimination Act 1995, (as amended by Schedule 1, Part 1, paragraphs 1 and 34 (1), (5) and (6) of the Disability Discrimination Act 2005), for definitions of “prescribed” (as used in section 46(7)) and “regulations”.

(2)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) (a); also amended by the European Union (Amendment) Act 2008 (c. 7), Schedule, Part 1.

(4)

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 Secretary of State with advice on the public passenger transport needs of disabled people.

(6)

S.I. 1996/266, to which there are amendments not relevant to these Regulations.