Part IV Railways

Chapter II Other provisions about railways

Miscellaneous

248 Substitute services to be suitable for disabled passengers.

(1)

This section applies where—

(a)

a person who provides services for the carriage of passengers by railway provides or secures the provision of substitute road services, or

F1(b)

the provision of such services is secured by the Secretary of State, the Scottish Ministers or the National Assembly for Wales.

(2)

F2In providing or securing the provision of the services, the person providing them, the Secretary of State, the Scottish Ministers or the National Assembly for Wales shall ensure, so far as is reasonably practicable, that the substitute road services allow disabled passengers to undertake their journeys safely and in reasonable comfort.

(3)

In the event of any failure by F3a person to comply with subsection (2), he F4... shall be liable to pay damages in respect of any expenditure reasonably incurred, or other loss sustained, by a disabled passenger in consequence of the failure.

(4)

The Secretary of State may by order grant exemption from subsection (2) to—

(a)

any class or description of persons who provide services for the carriage of passengers by railway, or

(b)

any particular person who provides such services,

in respect of all substitute road services or any class or description of such services.

(5)

Before making an order under subsection (4) the Secretary of State shall consult—

(a)

the Disabled Persons Transport Advisory Committee, and

(b)

such other representative organisations as he thinks fit.

(6)

An order under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

In this section “substitute road services” means services for the carriage of passengers by road which are provided where railway services have been temporarily interrupted or discontinued.

(8)

For the purposes of this section a passenger is disabled if he has a disability, or has suffered an injury, which seriously impairs his ability to walk.