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SCHEDULES

Section 31

SCHEDULE 2E+W+SServices and public functions: reasonable adjustments

PreliminaryE+W+S

1This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.E+W+S

Annotations:

Commencement Information

I1Sch. 2 para. 1 wholly in force at 1.9.2012; para. 1 not in force at Royal assent see s. 216; para. 1 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 1 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally.

(3)Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—

(a)to avoid the disadvantage, or

(b)to adopt a reasonable alternative method of providing the service or exercising the function.

(4)In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A.

(5)Being placed at a substantial disadvantage in relation to the exercise of a function means—

(a)if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or

(b)if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment.

(6)In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).

(7)If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter—

(a)the nature of the service, or

(b)the nature of A's trade or profession.

(8)If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take.

Annotations:

Commencement Information

I2Sch. 2 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal assent see s. 216; para. 2 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

Special provision about transportE+W+S

3(1)This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water.E+W+S

(2)It is never reasonable for A to have to take a step which would—

(a)involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b)affect whether vehicles are provided;

(c)affect what vehicles are provided;

(d)affect what happens in the vehicle while someone is travelling in it.

(3)But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(b)a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(c)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(d)a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(e)a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(f)a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(g)a taxi,

(h)a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(i)a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

(4)In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h).

(5)A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers.

(6)For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of—

(a)hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle, or

(b)facilities for the stowage of a wheelchair.

(7)For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature.

(8)In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement.

(9)A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle.

(10)Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description.

Annotations:

Commencement Information

I3Sch. 2 para. 3 wholly in force at 1.9.2012; para. 3 not in force at Royal assent see s. 216; para. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 3 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

InterpretationE+W+S

4(1)This paragraph applies for the purposes of paragraph 3.E+W+S

(2)A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring agreement to which section 66 of the Road Traffic Offenders Act 1988 applies.

(3)A “taxi”, in England and Wales, is a vehicle—

(a)licensed under section 37 of the Town Police Clauses Act 1847,

(b)licensed under section 6 of the Metropolitan Public Carriage Act 1869, or

(c)drawn by one or more persons or animals.

(4)A “taxi”, in Scotland, is—

(a)a hire car engaged, by arrangements made in a public place between the person to be transported (or a person acting on that person's behalf) and the driver, for a journey starting there and then, or

(b)a vehicle drawn by one or more persons or animals.

Annotations:

Commencement Information

I4Sch. 2 para. 4 wholly in force at 1.9.2012; para. 4 not in force at Royal assent see s. 216; para. 4 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 4 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)