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Section 47F Penalty for using rail vehicle otherwise than in conformity with accessibility regulationsF1E1

England, Wales and Scotland Not yet in force

(F21)

Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a)

identifying the provision and how it was breached;

(b)

identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and

(c)

specifying the improvement deadline.

(2)

The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)

Subsection (4) applies where—

(a)

the Secretary of State has given a notice under subsection (1);

(b)

the improvement deadline specified in the notice has passed; and

(c)

it appears to the Secretary of State that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.

(4)

The Secretary of State may give to the operator a further notice—

(a)

identifying the provision and how it was breached;

(b)

identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and

(c)

specifying the final deadline.

(5)

The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)

If—

(a)

the Secretary of State has given a notice under subsection (4), and

(b)

a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

the Secretary of State may require the operator of the vehicle to pay a penalty.

(7)

For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.

Annotations

Textual amendments

F1

Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F2

Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Extent

E1

This section extended to England, Wales and Scotland only; a separate s. 47F exists for Northern Ireland only.

Notes on the whole Act

Textual amendments

F1

Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)