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STATUTORY INSTRUMENTS


2001 No. 3953

DISABLED PERSONS

TRANSPORT

The Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 2001

  Made 10th December 2001 
  Laid before Parliament 11th December 2001 
  Coming into force 1st January 2002 

The Secretary of State, in exercise of the powers conferred on him by section 47 of the Disability Discrimination Act 1995[1] and of all other powers enabling him in that behalf, having consulted the Disabled Persons Transport Advisory Committee and such other persons as he considered appropriate in accordance with section 47(3) of that Act, hereby makes the following Order: - 

Citation and commencement
     1. This Order may be cited as the Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 2001 and shall come into force on 1st January 2002.

    
2. Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998[2].

Application
     3. This Order applies to the rail vehicles which are numbered - 

and which together form the diesel multiple-units numbered 170401 to 170424 of the class known as "class 170/4" as manufactured by ABB Daimler Benz Transportation (UK) Limited for use by ScotRail Railways Limited.

Exemption
    
4.  - (1) Subject to articles 5, 6 and 7 below, the first exempted vehicles and the second exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraphs (2) and (3) below.

    (2) The first exempted vehicles and the second exempted vehicles are not required to conform with the provisions of regulation 5(1)(a), in so far as it relates to control devices which control doors in the side of one of those vehicles.

    (3) The first exempted vehicles and the second exempted vehicles are not required to conform with the provisions of regulation 5(3)(a) and (4), in so far as it relates to control devices which control doors which are not in the side of one of those vehicles.

    
5. The exemption given by article 4(3) above in respect of regulation 5(3)(a) and (4) shall apply only while instructions for the operation of any door which is operated by a control device to which the exemption relates are displayed on a sign - 

     6.  - (1) The exemption given by article 4(2) above in respect of regulation 5(1)(a) shall cease - 

    (2) The exemption given by article 4(3) above in respect of regulation 5(3)(a) and (4) shall cease - 

     7. The authorisation shall cease forthwith in respect of any vehicle which is operated by a person other than ScotRail Railways Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.

Revocation
    
8. The Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 2000[3] is hereby revoked.



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


Sally Keeble
Parliamentary Under Secretary of State Department for Transport, Local Government and the Regions

10th December 2001



EXPLANATORY NOTE

(This note is not part of the Order)


This Order authorises the use of specified rail vehicles forming Class 170/4 diesel multiple-units, although they do not conform with certain provisions of the Rail Vehicle Accessibility Regulations 1998 (S.I. 1998/2456, as amended by S.I. 2000/3215) because - 

It sets time limits on the exemption from those provisions and imposes conditions.

For reasons of clarity, this order incorporates, to the extent that they are not spent, the provisions of the Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 2000 (S.I. 2000/1769), which is revoked.


Notes:

[1] 1995 c.50.back

[2] S.I. 1998/2456, as amended by S.I. 2000/3215.back

[3] S.I. 2000/1769.back



ISBN 0 11 039053 9


 © Crown copyright 2001

Prepared 28 December 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20013953.html