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[^f00001].

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)[^f00002], 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[^f00003], 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

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)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 2005 c.13.

[^f00002]: Section 6(2) was substituted by S.I. 2008/1746, regulation 3.

[^f00003]: 1995 c.50.