[F1(1)The Secretary of State may by order (an “exemption order”)—
(a)authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;
(b)authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.
(1A)Authority under subsection (1)(a) or (b) may be for—
(a)any regulated rail vehicle that is specified or is of a specified description; or
(b)use in specified circumstances of—
(i)any regulated rail vehicle, or
(ii)any regulated rail vehicle that is specified or is of a specified description.]
(2)Regulations may make provision with respect to exemption orders including, in particular, provision as to—
(a)the persons by whom applications for exemption orders may be made;
(b)the form in which such applications are to be made;
(c)information to be supplied in connection with such applications;
(d)the period for which exemption orders are to continue in force;
(e)the revocation of exemption orders.
(3)After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—
(a)make an exemption order in the terms of the application;
(b)make an exemption order in such other terms as he considers appropriate;
(c)refuse to make an exemption order.
(4)An exemption order may be made subject to such restrictions and conditions as may be specified.
(5)In this section “specified” means specified in an exemption order.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.
Textual Amendments
F1S. 47(1)(1A) substituted (E.W.S.) (5.12.2005) for s. 47(1) by Disability Discrimination Act 2005 (c. 13), ss. 6(3), 20(3)-(6); S.I. 2005/2774, art. 3(d)
Modifications etc. (not altering text)
C1S. 47: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV
(1)The Secretary of State may by order (an “exemption order”) authorise the use for carriage of any regulated rail vehicle of a specified description, or in specified circumstances, even though that vehicle does not conform with the provisions of the rail vehicle accessibility regulations with which it is required to conform.
(2)Regulations may make provision with respect to exemption orders including, in particular, provision as to—
(a)the persons by whom applications for exemption orders may be made;
(b)the form in which such applications are to be made;
(c)information to be supplied in connection with such applications;
(d)the period for which exemption orders are to continue in force;
(e)the revocation of exemption orders.
(3)After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—
(a)make an exemption order in the terms of the application;
(b)make an exemption order in such other terms as he considers appropriate;
(c)refuse to make an exemption order.
(4)An exemption order may be made subject to such restrictions and conditions as may be specified.
(5)In this section “specified” means specified in an exemption order.
Extent Information
E2This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section also has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only
Modifications etc. (not altering text)
C1S. 47: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV