The Disability Discrimination Act 1995 (Taxis) (Carrying of Guide Dogs etc. ) (England and Wales) Regulations 2000

Statutory Instruments

2000 No. 2990

DISABLED PERSONS

TRANSPORT, ENGLAND AND WALES

The Disability Discrimination Act 1995 (Taxis) (Carrying of Guide Dogs etc.) (England and Wales) Regulations 2000

Made

8th November 2000

Laid Before Parliament

8th November 2000

Coming into force

for the purposes of regulation 2(1)

1st December 2000

For all other purposes

31st March 2001

The Secretary of State, in exercise of the powers conferred upon him by sections 37(8)(b) and (9) and 67(2) of the Disability Discrimination Act 1995(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Modifications etc. (not altering text)

C1 Regulations continued under new enabling powers in 2010 c. 15 (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), arts. 1(2), 21, Sch. 7

Citation, commencement, interpretation and extent E+W

1.—(1) These Regulations may be cited as the Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.) (England and Wales) Regulations 2000 and shall come into force—

(a) for the purposes of regulation 2(1) on 1st December 2000; and

(b) for all other purposes on 31st March 2001.

[F1 (2) In these Regulations “the 2010 Act” means the Equality Act 2010.]

(3) These Regulations extend to England and Wales.

Textual Amendments

F1 Reg. 1(2) substituted (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(2) (with Sch. 8 para. 2(10)-(12))

Commencement Information

I1 Reg. 1 in force at 31.3.2001, see reg. 1(1)(b)

Notices of exemption E+W

2.—(1) The prescribed notice of exemption for the purposes of [F2 section 169(4)(b) of the 2010 Act] shall be—

(a) in the case of a driver of a taxi to whom the [F3 exemption certificate] has been issued by a licensing authority in England, the notice set out in Schedule 1 to these Regulations; and

(b) in the case of a driver of a taxi to whom the [F4 exemption certificate] has been issued by a licensing authority in Wales, the notice set out in Schedule 2 to these Regulations.

[F5 (2) The prescribed manner of exhibiting a notice of exemption for the purposes of [F6 section 169(4)(b) of the 2010 Act] shall be—

(a) by displaying it—

(i) on the nearside of and immediately behind the windscreen of the taxi facing outwards; and

(ii) in a manner that readily permits its removal;

(b) so that—

(i) its front is clearly visible from the outside of the taxi; and

(ii) its back is clearly visible from the driver’s seat of the taxi.]

Textual Amendments

F2 Words in reg. 2(1) substituted (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(3) (with Sch. 8 para. 2(10)-(12))

F3 Words in reg. 2(1)(a) substituted (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(4) (with Sch. 8 para. 2(10)-(12))

F4 Words in reg. 2(1)(b) substituted (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(5) (with Sch. 8 para. 2(10)-(12))

F5 Reg. 2(2) substituted (17.7.2006) by The Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.)(England and Wales)(Amendment) Regulations 2006 (S.I. 2006/1616), regs. 1, 2(2)

F6 Words in reg. 2(2) substituted (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(6) (with Sch. 8 para. 2(10)-(12))

Commencement Information

I2 Reg. 2(1) in force at 1.12.2000, see reg. 1(1)(a)

I3 Reg. 2(2) in force at 31.3.2001, see reg. 1(1)(b)

[F7 Prescribed charities E+W

3.   Each of the following is a prescribed charity for the purposes of paragraph (c) of the definition of “assistance dog” in section 173(1) of the 2010 Act (so far as that definition applies for the purposes of section 168 of that Act)—

(a) “Dogs for the Disabled” registered with the Charity Commission under registration number 1092960;

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

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

Textual Amendments

F7 Reg. 3 substituted (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(7) (with Sch. 8 para. 2(10)-(12))

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

Regulation 2(1)(a)

SCHEDULE 1 E+W

FORM OF FRONT OF NOTICE OF EXEMPTION IN ENGLAND E+W

Textual Amendments

F8 Sch. 1: the words “SECTION 169 EQUALITY ACT 2010” are substituted for “SECTION 37 DISABILITY DISCRIMINATION ACT 1995” (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(8) (with Sch. 8 para. 2(10)-(12))

Commencement Information

I4 Sch. 1 Pt. 1 in force at 1.12.2000, see reg. 1(1)(a)

FORM OF BACK OF NOTICE OF EXEMPTION IN ENGLAND E+W

Textual Amendments

F9 Sch. 1 Pt. 2 (including form) substituted (17.7.2006) by The Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.)(England and Wales)(Amendment) Regulations 2006 (S.I. 2006/1616), reg. 1, Sch. 1

Commencement Information

I5 Sch. 1 Pt. 2 in force at 1.12.2000, see reg. 1(1)(a)

Regulation 2(1)(b)

SCHEDULE 2 E+W

FORM OF FRONT OF NOTICE OF EXEMPTION IN WALES E+W

Textual Amendments

F10 Sch. 2: the words “ADRAN 169 DEDDF CYDRADDOLDEB 2010” are substituted for “ADRAN 37 DEDDF GWAHANIAETHU AR SAIL ANABLEDD 1995” (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(9)(a) (with Sch. 8 para. 2(10)-(12))

F11 Sch. 2: the words “SECTION 169 EQUALITY ACT 2010” are substituted for “SECTION 37 DISABILITY DISCRIMINATION ACT 1995” (1.10.2010 immediately after the commencement of S.I. 2010/2779) by The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317), art. 1(2), Sch. 8 para. 2(9)(b) (with Sch. 8 para. 2(10)-(12))

Commencement Information

I6 Sch. 2 Pt. 1 in force at 1.12.2000, see reg. 1(1)(a)

FORM OF BACK OF NOTICE OF EXEMPTION IN WALES E+W

Textual Amendments

F12 Sch. 2 Pt. 2 (including form) substituted (17.7.2006) by The Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.)(England and Wales)(Amendment) Regulations 2006 (S.I. 2006/1616), reg. 1, Sch. 2

Commencement Information

I7 Sch. 2 Pt. 2 in force at 1.12.2000, see reg. 1(1)(a)

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 force for England and Wales are prescribed by S.I. 2000/2989 (C.91) made at the same time as these Regulations.)

These Regulations, which apply to taxis licensed in England and Wales, 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.

The provisions prescribing the form of exemption notices come into force on 1st December 2000. For all other purposes the Regulations come into force on 31st March 2001.

A regulatory impact assessment has been prepared and copies can be obtained from the Department of the Environment, Transport and the Regions, Zone 1/18 Great Minster House, 76 Marsham Street, London SW1 4DR (telephone [phone]). A copy has been placed in the library of each House of Parliament.

(1)

1995 c. 50.