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The Disability Discrimination Act 2005 (Commencement No. 4) Order 2010
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Statutory Instruments
2010 No. 341 (C. 27)
Disabled Persons
The Disability Discrimination Act 2005 (Commencement No. 4) Order 2010
Made
11th February 2010
The Secretary of State for Transport makes the following Order in exercise of the powers conferred by section 20(3) and (6) of the Disability Discrimination Act 2005(1).
Citation and interpretation
1.—(1) This Order may be cited as the Disability Discrimination Act 2005 (Commencement No. 4) Order 2010.
(2) In this Order “the Act” means the Disability Discrimination Act 2005.
Appointed days
2.—(1) 22nd February 2010 is the day appointed for the coming into force of the following provisions of the Act for the purpose of exercising any power to make regulations or orders—
(a)section 6 (rail vehicles: application of accessibility regulations)(2), in so far as it is not already in force,
(b)paragraph 27 of Schedule 1 (minor and consequential amendments), and section 19(1) in so far as it relates to that paragraph, and
(c)the entries in Schedule 2 (repeals and revocation) in respect of section 46 (3), (4), (6) and (10) and section 48 of the Disability Discrimination Act 1995(3), and section 19(2) in so far as it relates to those entries.
(2) 6th April 2010 is the day appointed for the coming into force of the following provisions of the Act—
(a)section 6, for all other purposes in so far as it is not already in force,
(b)paragraph 27 of Schedule 1 for all other purposes, and section 19(1) in so far as it relates to that paragraph,
(c)the entries in Schedule 2 in respect of section 46 (3), (4), (6) and (10) and section 48 of the Disability Discrimination Act 1995 for all other purposes, and section 19(2) in so far as it relates to those entries, and
(d)the entries in Schedule 2 (repeals and revocation) in respect of section 46(8) and (9) of the Disability Discrimination Act 1995, and section 19(2) in so far as it relates to those entries.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
11th February 2010
EXPLANATORY NOTE
(This note is not part of the Order)
This Order is the fourth Commencement Order to be made in relation to the Disability Discrimination Act 2005 (“the Act”). The Act extensively amends the Disability Discrimination Act 1995 (“the 1995 Act”).
Article 2(1) commences various provisions of the Act on 22nd February 2010, but only for the purpose of enabling the exercise of powers to make regulations or orders. Those provisions are the duty to secure that all rail vehicles are subject to rail vehicle accessibility regulations by 2020 (article 2(1)(a)); the adjustment of the definition of “rail vehicle” to mainly include passenger vehicles used on light rail systems (e.g. metro, underground and tramways including prescribed guided transport systems) and to include pre 1999 vehicles (article 2(1)(a)); the repeal of the offence of breach of rail vehicle accessibility regulations (article 2(1)(b) and (c)); and some minor amendments and repeals (article 2(1)(b) and (c)).
Article 2(2)(a) to (c) commence those provisions, for all other purposes, on 6th April 2010.
Article 2(2)(d) commences certain other provisions of the Act on 6th April 2010. Those provisions repeal the power of the Secretary of State to make regulations to make provision as to the time when a rail vehicle, or a class of rail vehicle, is to be treated as first brought into use.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Disability Discrimination Act 2005 have been brought into force by commencement order made before the date of this Order.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
(1) | ||
(2) | ||
(3) | ||
(4) | ||
(5) | ||
| Section 1 (partially) | 5th December 2005 | 2005/2774 |
| Section 1 (remainder) | 4th December 2006 | 2005/2774 |
| Section 2 (partially) | 30th June 2005 | 2005/1676 |
| Section 2 (remainder) | 4th December 2006 | 2005/2774 |
| Section 3 (partially) | 30th June 2005 | 2005/1676 |
| Section 3 (partially) | 5th December 2005 | 2005/2774 |
| Section 3 (remainder) | 4th December 2006 | 2005/2774 |
| Section 4 | 5th December 2005 | 2005/2774 |
| Section 5 | 30th June 2005 | 2005/1676 |
| Section 6(3) to (5) | 5th December 2005 | 2005/2774 |
| Section 9 as to England | 30th June 2005 | 2005/1676 |
| Section 9 as to Wales | 30th March 2008 | 2007/3285 (W.289) |
| Section 10 | 5th December 2005 | 2005/2774 |
| Section 11 | 5th December 2005 | 2005/2774 |
| Section 12 (partially) | 30th June 2005 | 2005/1676 |
| Section 12 (partially) | 10th October 2005 | 2005/2774 |
| Section 12 (remainder) | 5th December 2005 | 2005/2774 |
| Section 13 (partially) | 30th June 2005 | 2005/1676 |
| Section 13 (remainder) | 4th December 2006 | 2005/2774 |
| Section 14 | 4th December 2006 | 2005/2774 |
| Section 15 (partially) | 11th June 2007 | 2007/1555 |
| Section 15 (remainder) | 1st September 2007 | 2007/1555 |
| Section 16(2) | 30th June 2005 | 2005/1676 |
| Section 16 (remainder) | 4th December 2006 | 2005/2774 |
| Section 17 (partially) | 30th June 2005 | 2005/1676 |
| Section 17 (partially) | 5th December 2005 | 2005/2774 |
| Section 17 (remainder) | 4th December 2006 | 2005/2774 |
| Section 18 (partially) | 30th June 2005 | 2005/1676 |
| Section 18 (remainder) | 5th December 2005 | 2005/2774 |
| Section 19(1), as to England, so far as relating to Schedule 1 Part 2 | 30th June 2005 | |
| Section 19(1), as to Wales, so far as relating to Schedule 1 Part 2 | 30th March 2008 | 2007/3285 (W.289) |
| Section 19(2), as to England, so far as relating to the entries in Schedule 2 in respect of the Road Traffic Regulation Act 1984(1) and the Traffic Management Act 2004(2) | 30th June 2005 | |
| Section 19(2), as to Wales, so far as relating to the entries in Schedule 2 in respect of the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004 | 30th March 2008 | |
| Section 19 (partially) | 30th June 2005 | 2005/1676 |
| Section 19 (partially) | 10th October 2005 | 2005/2774 |
| Section 19 (partially) | 5th December 2005 | 2005/2774 |
| Section 19 (partially) | 4th December 2006 | 2005/2774 |
| Section 19 (partially) | 1st September 2007 | 2007/1555 |
| Schedule 1, Part 1, paragraph 1 | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 2(1) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 2(2) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 2(3) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 2 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 3(1) to (4) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraphs 3 (remainder) to 6 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 7(a) (partially) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 7(b) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 7 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 8(1) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 8(2) (partially) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 8(3) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 8 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 9 | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 10 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraphs 11 and 12 | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 13(1) to (3) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 13 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraphs 14 to 16 | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 17 (partially) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 17 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 18 | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 19(1) and (5) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 19 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 20 | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraphs 21 and 22 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 23 (partially) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 23 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 24 | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 25 | 1st September 2007 | 2007/1555 |
| Schedule 1, Part 1, paragraph 26 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 28 (1) to (5) and (7) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 28 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 29 (1) and (3) to (5) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 29 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 30 | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 31 (partially) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 31 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 32 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 33(1) to (3) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 33(4) and (5) (partially) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 33 (remainder) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 34(1) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 34(2) (partially) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 34(3) and (4) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 34(5) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 34(6) | 10th October 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 34 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 35 | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 36 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 37(1) and (2) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 37(3), (4)(b) and (5)(b) | 1st September 2007 | 2007/1555 |
| Schedule 1, Part 1, paragraph 37(4)(a), (5)(a) and (6) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 38(1) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 38(2) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 38(3), (4) and (6) to (13) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 38 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 1, paragraph 39(1) and (2) | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 1, paragraph 39 (remainder) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 40(1), (2), (5) and (6) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 1, paragraph 40 (remainder) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 2, as to England | 30th June 2005 | 2005/1676 |
| Schedule 1, Part 2, as to Wales | 30th March 2008 | 2007/3285 (W.289) |
| Schedule 1, Part 3, paragraph 49 | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 3, paragraph 50(1) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 3, paragraph 50(2), (3) and (4)(b) | 4th December 2006 | 2005/2774 |
| Schedule 1, Part 3, paragraph 50(4)(a) and (5) | 1st September 2007 | 2007/1555 |
| Schedule 1, Part 3, paragraph 50(6) | 5th December 2005 | 2005/2774 |
| Schedule 1, Part 3, paragraph 50(7) | 4th December 2006 | 2005/2774 |
| Schedule 2, as to England, the entries in respect of the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004 | 30th June 2005 | 2005/1676 |
| Schedule 2, as to Wales, the entries in respect of the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004 | 30th March 2008 | 2007/3285 (W.289) |
Schedule 2, the entries in respect of sections 16A(2)(b) and 16B(3)(i) of the Disability Discrimination Act 1995 | 5th December 2005 | 2005/2774 |
Schedule 2, the entry in respect of section 17A(1B) of the Disability Discrimination Act 1995 | 30th June 2005 | 2005/1676 |
Schedule 2, the entries in respect of sections 18, 55(6) and 68(1) of, and paragraph 1(1) of Schedule 1 to, the Disability Discrimination Act 1995 | 5th December 2005 | 2005/2774 |
Schedule 2, the entry in respect of Schedule 3A to the Disability Discrimination Act 1995 | 30th June 2005 | 2005/1676 |
| Schedule 2, the entry in respect of the Disability Rights Commission Act 1999(3) | 5th December 2005 | 2005/2774 |
| Schedule 2, the entry in respect of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999(4) | 5th December 2005 | 2005/2774 |
| Schedule 2, the entry in respect of the Special Educational Needs and Disability Act 2001(5) | 4th December 2006 | 2005/2774 |
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