The following characteristics are protected characteristics -

age;

disability;

gender reassignment;

marriage and civil partnership;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

(1) In relation to the protected characteristic of age -

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same age group.

(2) A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.

(1) A person (P) has a disability if -

(a) P has a physical or mental impairment, and

(b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

(2) A reference to a disabled person is a reference to a person who has a disability.

(3) In relation to the protected characteristic of disability -

(a) a reference to a person who has a protected characteristic is a reference to a person who has a particular disability;

(b) a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

(4) This Act (except Part 12 and section 185 ) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly, except in that Part and that section -

(a) a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability;

(b) 5a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

(5) A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).

(6) Schedule 1 (disability: supplementary provision) has effect.

(1) A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

(2) A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

(3) In relation to the protected characteristic of gender reassignment -

(a) a reference to a person who has a particular protected characteristic is a reference to a transsexual person;

(b) a reference to persons who share a protected characteristic is a reference to transsexual persons.

(1) A person has the protected characteristic of marriage and civil partnership if the person is married or a civil partner.

(2) In relation to the protected characteristic of marriage and civil partnership -

(a) a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner;

(b) a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners.

(1) Race includes -

(a) colour;

(b) nationality;

(c) ethnic or national origin.

(2) In relation to the protected characteristic of race -

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same racial group.

(3) A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.

(4) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

(1) Religion means any religion and a reference to religion includes a reference to a lack of religion.

(2) Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.

(3) In relation to the protected characteristic of religion or belief -

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;

(b) a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

In relation to the protected characteristic of sex -

(a) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same sex.

(1) Sexual orientation means a person's sexual orientation towards -

(a) persons of the same sex,

(b) persons of the opposite sex, or

(c) persons of either sex.

(2) In relation to the protected characteristic of sexual orientation -

(a) a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;

(b) a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.

(1) An occupational pension scheme must be taken to include a non- discrimination rule.

(2) 39A non-discrimination rule is a provision by virtue of which a responsible person (A) -

(a) must not discriminate against another person (B) in carrying out any of A's functions in relation to the scheme;

(b) must not, in relation to the scheme, harass B;

(c) must not, in relation to the scheme, victimise B.

(3) The provisions of an occupational pension scheme have effect subject to the non-discrimination rule.

(4) The following are responsible persons -

(a) the trustees or managers of the scheme;

(b) an employer whose employees are, or may be, members of the scheme;

(c) a person exercising an appointing function in relation to an office the holder of which is, or may be, a member of the scheme.

(5) A non-discrimination rule does not apply in relation to a person who is a pension credit member of a scheme.

(6) An appointing function is any of the following -

(a) the function of appointing a person;

(b) the function of terminating a person's appointment;

(c) the function of recommending a person for appointment;

(d) the function of approving an appointment.

(7) A breach of a non-discrimination rule is a contravention of this Part for the purposes of Part 9 (enforcement).

(8) It is not a breach of a non-discrimination rule for the employer or the trustees or managers of a scheme to maintain or use in relation to the scheme rules, practices, actions or decisions relating to age which are of a description specified by order by a Minister of the Crown.

(9) An order authorising the use of rules, practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate.

(10) A non-discrimination rule does not have effect in relation to an occupational pension scheme in so far as an equality rule has effect in relation to it (or would have effect in relation to it but for Part 2 of Schedule 7 ).

(11) A duty to make reasonable adjustments applies to a responsible person.

(1) This section applies if the trustees or managers of an occupational pension scheme do not have power to make non-discrimination alterations to the scheme.

(2) This section also applies if the trustees or managers of an occupational pension scheme have power to make non-discrimination alterations to the scheme but the procedure for doing so -

(a) is liable to be unduly complex or protracted, or

(b) involves obtaining consents which cannot be obtained or which can be obtained only with undue delay or difficulty.

(3) 40The trustees or managers may by resolution make non-discrimination alterations to the scheme.

(4) Non-discrimination alterations may have effect in relation to a period before the date on which they are made.

(5) Non-discrimination alterations to an occupational pension scheme are such alterations to the scheme as may be required for the provisions of the scheme to have the effect that they have in consequence of section 58 (3).

(1) In their application to communications the following provisions apply in relation to a disabled person who is a pension credit member of an occupational pension scheme as they apply in relation to a disabled person who is a deferred member or pensioner member of the scheme -

(a) section 58 ;

(b) section 116 ;

(c) section 122 ;

(d) paragraph 19 of Schedule 8 (and such other provisions of that Schedule as apply for the purposes of that paragraph).

(2) Communications include -

(a) the provision of information;

(b) the operation of a dispute resolution procedure.

(1) This Part applies in relation to -

(a) work on ships,

(b) work on hovercraft, and

(c) seafarers,

only in such circumstances as are prescribed.

(2) For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom.

(3) 50"Ship" has the same meaning as in the Merchant Shipping Act 1995.

(4) "Hovercraft" has the same meaning as in the Hovercraft Act 1968.

(5) "Seafarer" means a person employed or engaged in any capacity on board a ship or hovercraft.

(6) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

(1) Her Majesty may by Order in Council provide that in the case of persons in offshore work -

(a) specified provisions of this Part apply (with or without modification);

(b) Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification).

(2) The Order may -

(a) provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom;

(b) make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work;

(c) exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work;

(d) provide that such proceedings must not be brought without such consent as may be required by the Order.

(3) "Offshore work" is work for the purposes of -

(a) activities in the territorial sea adjacent to the United Kingdom;

(b) activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section;

(c) activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies.

(4) Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

(5) Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland.

(6) In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals.

(7) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

(1) This section applies for the purposes of this Part.

(2) "Employment" means -

(a) employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;

(b) Crown employment;

(c) employment as a relevant member of the House of Commons staff;

(d) employment as a relevant member of the House of Lords staff.

(3) This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose -

(a) references to terms of employment, or to a contract of employment, are to be read as including references to terms of service;

(b) references to associated employers are to be ignored.

(4) A reference to an employer or an employee, or to employing or being employed, is (subject to section 201 (10)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons.

(5) "Relevant member of the House of Commons staff" has the meaning given in section 195 of the Employment Rights Act 1996; and such a member of staff is an employee of -

(a) the person who is the employer of that member under subsection (6) of that section, or

(b) if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection.

(6) "Relevant member of the House of Lords staff" has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords).

(7) In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person's dismissal is a reference to the termination of the person's employment.

(8) A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 50 .

(9) "Crown employment" has the meaning given in section 191 of the Employment Rights Act 1996.

(10) Schedule 8 (reasonable adjustments) has effect.

(11) Schedule 9 (exceptions) has effect.

This Chapter does not apply to the following protected characteristics -

(a) age;

(b) marriage and civil partnership;

(c) pregnancy and maternity.

(1) The responsible body of a school to which this section applies must not discriminate against a person -

(a) in the arrangements it makes for deciding who is offered admission as a pupil;

(b) as to the terms on which it offers to admit the person as a pupil;

(c) by not admitting the person as a pupil.

(2) The responsible body of such a school must not discriminate against a pupil -

(a) in the way it provides education for the pupil;

(b) in the way it affords the pupil access to a benefit, facility or service;

(c) by not providing education for the pupil;

(d) by not affording the pupil access to a benefit, facility or service;

(e) by excluding the pupil from the school;

(f) by subjecting the pupil to any other detriment.

(3) The responsible body of such a school must not harass -

(a) a pupil;

(b) a person who has applied for admission as a pupil.

(4) The responsible body of such a school must not victimise a person -

(a) in the arrangements it makes for deciding who is offered admission as a pupil;

(b) as to the terms on which it offers to admit the person as a pupil;

(c) by not admitting the person as a pupil.

(5) The responsible body of such a school must not victimise a pupil -

(a) in the way it provides education for the pupil;

(b) in the way it affords the pupil access to a benefit, facility or service;

(c) by not providing education for the pupil;

(d) by not affording the pupil access to a benefit, facility or service;

(e) by excluding the pupil from the school;

(f) by subjecting the pupil to any other detriment.

(6) A duty to make reasonable adjustments applies to the responsible body of such a school.

(7) 53In relation to England and Wales, this section applies to -

(a) a school maintained by a local authority;

(b) an independent educational institution (other than a special school);

(c) a special school (not maintained by a local authority).

(8) In relation to Scotland, this section applies to -

(a) a school managed by an education authority;

(b) an independent school;

(c) a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.

(9) The responsible body of a school to which this section applies is -

(a) if the school is within subsection (7)(a), the local authority or governing body;

(b) if it is within subsection (7)(b) or (c), the proprietor;

(c) if it is within subsection (8)(a), the education authority;

(d) if it is within subsection (8)(b), the proprietor;

(e) if it is within subsection (8)(c), the managers.

(10) In the application of section 25 for the purposes of subsection (3), none of the following is a relevant protected characteristic -

(a) gender reassignment;

(b) religion or belief;

(c) sexual orientation.

(1) This section applies for the purposes of section 26 in its application to section 82 (4) or (5).

(2) The references to B in paragraphs (a) and (b) of subsection (1) of section 26 include a reference to a parent or sibling of the child in question.

(3) Giving false evidence or information, or making a false allegation, in good faith is not a protected act in a case where -

(a) the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and

(b) the child has acted in bad faith.

(4) Giving false evidence or information, or making a false allegation, in bad faith, is a protected act in a case where -

(a) the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and

(b) the child has acted in good faith.

(5) In this section -

"child" means a person who has not attained the age of 18;

"sibling" means a brother or sister, a half-brother or half-sister, or a stepbrother or stepsister.

(1) Sections 496 and 497 of the Education Act 1996 (c. 56) (powers to give directions where responsible body of school in default of obligations, etc.) apply to the performance of a duty under section 82 .

(2) But neither of sections 496 and 497 of that Act applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school).

Schedule 10 (accessibility) has effect.

(1) This section applies for the purposes of this Chapter.

(2) Nothing in this Chapter applies to anything done in connection with the content of the curriculum.

(3) "Pupil" -

(a) in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996 ;

(b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980 (c. 44) .

(4) "Proprietor" -

(a) in relation to a school in England and Wales, has the meaning given in section 579(1) of the Education Act 1996 ;

(b) in relation to a school in Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(5) "School" -

(a) in relation to England and Wales, has the meaning given in section 4 of the Education Act 1996 ;

(b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980 .

(6) A reference to a school includes a reference to an independent educational institution in England; and a reference to an independent educational institution in England is to be construed in accordance with Chapter 1 of Part 4 of the Education and Skills Act 2008.

(7) A reference to an independent educational institution is a reference to -

(a) an independent educational institution in England, or

(b) an independent school in Wales.

(8) "Independent school" -

(a) in relation to Wales, has the meaning given in section 463 of the Education Act 1996;

(b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(9) "Special school" has the meaning given in section 337 of the Education Act 1996.

(10) 55"Local authority" means -

(a) in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006;

(b) in relation to Wales, a Welsh local authority within the meaning of that section.

(11) "Education authority", in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(12) Schedule 11 (exceptions) has effect.

This Chapter does not apply to the protected characteristic of marriage and civil partnership.

(1) The responsible body of an institution to which this section applies must not discriminate against a person -

(a) in the arrangements it makes for deciding who is offered admission as a student;

(b) as to the terms on which it offers to admit the person as a student;

(c) by not admitting the person as a student.

(2) The responsible body of such an institution must not discriminate against a student -

(a) in the way it provides education for the student;

(b) in the way it affords the student access to a benefit, facility or service;

(c) by not providing education for the student;

(d) by not affording the student access to a benefit, facility or service;

(e) by excluding the student;

(f) by subjecting the student to any other detriment.

(3) The responsible body of such an institution must not harass -

(a) a student;

(b) a person who has applied for admission as a student.

(4) The responsible body of such an institution must not victimise a person -

(a) in the arrangements it makes for deciding who is offered admission as a student;

(b) as to the terms on which it offers to admit the person as a student;

(c) by not admitting the person as a student.

(5) The responsible body of such an institution must not victimise a student -

(a) in the way it provides education for the student;

(b) in the way it affords the student access to a benefit, facility or service;

(c) by not providing education for the student;

(d) by not affording the student access to a benefit, facility or service;

(e) 56by excluding the student;

(f) by subjecting the student to any other detriment.

(6) A duty to make reasonable adjustments applies to the responsible body of such an institution.

(7) In relation to England and Wales, this section applies to -

(a) a university;

(b) any other institution within the higher education sector;

(c) an institution within the further education sector.

(8) In relation to Scotland, this section applies to -

(a) a university;

(b) a designated institution;

(c) a college of further education.

(9) A responsible body is -

(a) in the case of an institution within subsection (7)(a), (b) or (c), the governing body;

(b) in the case of an institution within subsection (8)(a) or (b), the governing body;

(c) in the case of a college of further education under the management of a board of management, the board of management;

(d) in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.

(1) The responsible body in relation to a course to which this section applies must not discriminate against a person -

(a) in the arrangements it makes for deciding who is enrolled on the course;

(b) as to the terms on which it offers to enrol the person on the course;

(c) by not accepting the person's application for enrolment.

(2) The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.

(3) The responsible body in relation to such a course must not harass a person who -

(a) seeks enrolment on the course;

(b) is enrolled on the course;

(c) is a user of services provided by the body in relation to the course.

(4) The responsible body in relation to such a course must not victimise a person -

(a) in the arrangements it makes for deciding who is enrolled on the course;

(b) as to the terms on which it offers to enrol the person on the course;

(c) by not accepting the person's application for enrolment.

(5) 57The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.

(6) A duty to make reasonable adjustments applies to the responsible body.

(7) This section applies to -

(a) a course of further or higher education secured by a responsible body in England or Wales;

(b) a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998 (c. 31) ;

(c) a course of further education secured by an education authority in Scotland.

(8) A responsible body is -

(a) a local authority in England or Wales, for the purposes of subsection (7)(a);

(b) the governing body of a maintained school, for the purposes of subsection (7)(b);

(c) an education authority in Scotland, for the purposes of subsection (7)(c).

(9) In this section -

"course", in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;

"enrolment" includes registration for a component part of a course;

"maintained school" has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

"services" means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.

(1) The responsible body in relation to facilities to which this section applies must not discriminate against a person -

(a) in the arrangements it makes for deciding who is provided with the facilities;

(b) as to the terms on which it offers to provide the facilities to the person;

(c) by not accepting the person's application for provision of the facilities.

(2) The responsible body in relation to such facilities must not discriminate against a person who is provided with the facilities in the services it provides or offers to provide.

(3) The responsible body in relation to such facilities must not harass a person who -

(a) seeks to have the facilities provided;

(b) is provided with the facilities;

(c) is a user of services provided by the body in relation to the facilities.

(4) The responsible body in relation to such facilities must not victimise a person -

(a) 58in the arrangements it makes for deciding who is provided with the facilities;

(b) as to the terms on which it offers to provide the facilities to the person;

(c) by not accepting the person's application for provision of the facilities.

(5) The responsible body in relation to such facilities must not victimise a person who is provided with the facilities in the services it provides or offers to provide.

(6) A duty to make reasonable adjustments applies to the responsible body.

(7) This section applies to -

(a) facilities secured by a local authority in England under section 507A or 507B of the Education Act 1996 (c. 56) ;

(b) facilities secured by a local authority in Wales under section 508 of that Act;

(c) recreational or training facilities provided by an education authority in Scotland.

(8) A responsible body is -

(a) a local authority in England, for the purposes of subsection (7)(a);

(b) a local authority in Wales, for the purposes of subsection (7)(b);

(c) an education authority in Scotland, for the purposes of subsection (7)(c).

(9) This section does not apply to the protected characteristic of age, so far as relating to persons who have not attained the age of 18.

(1) This section applies for the purposes of this Chapter.

(2) Nothing in this Chapter applies to anything done in connection with the content of the curriculum.

(3) A reference to a student, in relation to an institution, is a reference to a person for whom education is provided by the institution.

(4) A reference to a university includes a reference to a university college and a college, school or hall of a university.

(5) A reference to an institution within the further or higher education sector is to be construed in accordance with section 91 of the Further and Higher Education Act 1992 (c. 13) .

(6) "Further education" -

(a) in relation to England and Wales, has the meaning given in section 2 of the Education Act 1996 ;

(b) in relation to Scotland, has the meaning given in section 1(3) of the Further and Higher Education (Scotland) Act 1992.

(7) "Higher education" -

(a) in relation to England and Wales, means education provided by means of a course of a description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40) ;

(b) in relation to Scotland, has the meaning given in section 38 of the Further and Higher Education (Scotland) Act 1992.

(8) 59"College of further education" has the meaning given in section 36 of the Further and Higher Education (Scotland) Act 1992.

(9) "Designated institution" has the meaning given in section 44 of that Act.

(10) "Local authority" means -

(a) in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006;

(b) in relation to Wales, a Welsh local authority within the meaning of that section.

(11) "Education authority" has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

(12) Schedule 12 (exceptions) has effect.

This Chapter does not apply to the protected characteristic of marriage and civil partnership.

(1) A qualifications body (A) must not discriminate against a person (B) -

(a) in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b) as to the terms on which it is prepared to confer a relevant qualification on B;

(c) by not conferring a relevant qualification on B.

(2) A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification -

(a) by withdrawing the qualification from B;

(b) by varying the terms on which B holds the qualification;

(c) by subjecting B to any other detriment.

(3) A qualifications body must not, in relation to conferment by it of a relevant qualification, harass -

(a) a person who holds the qualification, or

(b) a person who applies for it.

(4) A qualifications body (A) must not victimise a person (B) -

(a) in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b) as to the terms on which it is prepared to confer a relevant qualification on B;

(c) by not conferring a relevant qualification on B.

(5) A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification -

(a) by withdrawing the qualification from B;

(b) 60by varying the terms on which B holds the qualification;

(c) by subjecting B to any other detriment.

(6) A duty to make reasonable adjustments applies to a qualifications body.

(7) Subsection (6) does not apply to the body in so far as the appropriate regulator specifies provisions, criteria or practices in relation to which the body -

(a) is not subject to a duty to make reasonable adjustments;

(b) is subject to a duty to make reasonable adjustments, but in relation to which such adjustments as the regulator specifies should not be made.

(8) For the purposes of subsection (7) the appropriate regulator must have regard to -

(a) the desirability of minimising the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities;

(b) the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred;

(c) the need to maintain public confidence in the qualification.

(9) The appropriate regulator -

(a) must not specify any matter for the purposes of subsection (7) unless it has consulted such persons as it thinks appropriate;

(b) must publish matters so specified (including the date from which they are to have effect) in such manner as is prescribed.

(10) The appropriate regulator is -

(a) in relation to a qualifications body that confers qualifications in England, a person prescribed by a Minister of the Crown;

(b) in relation to a qualifications body that confers qualifications in Wales, a person prescribed by the Welsh Ministers;

(c) in relation to a qualifications body that confers qualifications in Scotland, a person prescribed by the Scottish Ministers.

(11) For the purposes of subsection (10), a qualification is conferred in a part of Great Britain if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are or will be assessed for those purposes wholly or mainly in that part.

(1) This section applies for the purposes of section 93 .

(2) A qualifications body is an authority or body which can confer a relevant qualification.

(3) A relevant qualification is an authorisation, qualification, approval or certification of such description as may be prescribed -

(a) in relation to conferments in England, by a Minister of the Crown;

(b) in relation to conferments in Wales, by the Welsh Ministers;

(c) in relation to conferments in Scotland, by the Scottish Ministers.

(4) An authority or body is not a qualifications body in so far as -

(a) it is the responsible body of a school to which section 82 applies;

(b) 61it is the governing body of an institution to which section 88 applies;

(c) it exercises functions under the Education Acts;

(d) it exercises functions under the Education (Scotland) Act 1980 (c. 44) .

(5) A qualifications body does not include an authority or body of such description, or in such circumstances, as may be prescribed.

(6) A reference to conferring a relevant qualification includes a reference -

(a) to renewing or extending the conferment of a relevant qualification;

(b) to authenticating a relevant qualification conferred by another person.

(7) A reference in section 93 (8), (10) or (11) to a qualification is a reference to a relevant qualification.

(8) Subsection (11) of section 93 applies for the purposes of subsection (3) of this section as it applies for the purposes of subsection (10) of that section.

Schedule 13 (reasonable adjustments) has effect.

Schedule 14 (educational charities and endowments) has effect.

(1) Proceedings relating to a contravention of this Act must be brought in accordance with this Part.

(2) 68Subsection (1) does not apply to proceedings under Part 1 of the Equality Act 2006 (c. 3) .

(3) Subsection (1) does not prevent -

(a) a claim for judicial review;

(b) proceedings under the Immigration Acts;

(c) proceedings under the Special Immigration Appeals Commission Act 1997 (c. 68) ;

(d) in Scotland, an application to the supervisory jurisdiction of the Court of Session.

(4) This section is subject to any express provision of this Act conferring jurisdiction on a court or tribunal.

(5) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(6) Chapters 2 and 3 do not apply to proceedings relating to an equality clause or rule except in so far as Chapter 4 provides for that.

(7) This section does not apply to -

(a) proceedings for an offence under this Act;

(b) proceedings relating to a penalty under Part 12 (disabled persons: transport).

(1) A county court or, in Scotland, the sheriff has jurisdiction to determine a claim relating to -

(a) a contravention of Part 3 (services and public functions);

(b) a contravention of Part 4 (premises);

(c) a contravention of Part 6 (education);

(d) a contravention of Part 7 (associations);

(e) a contravention of section 104 , 107 or 108 that relates to Part 3, 4, 6 or 7.

(2) Subsection (1)(a) does not apply to a claim within section 111 .

(3) Subsection (1)(c) does not apply to a claim within section 112 .

(4) For the purposes of proceedings on a claim within subsection (1)(a) -

(a) a decision in proceedings on a claim mentioned in section 111 (1) that an act is a contravention of Part 3 is binding;

(b) it does not matter whether the act occurs outside the United Kingdom.

(5) The county court or sheriff -

(a) must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so;

(b) must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced.

(6) 69In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (c. 28) (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so.

(7) In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so.

(8) The remuneration of an assessor appointed by virtue of subsection (7) is to be at a rate determined by the Lord President of the Court of Session.

(1) A claim is within this section if it relates to the act of an immigration authority in taking a relevant decision and -

(a) the question whether the act is a contravention of Part 3 has been or could be raised on an appeal which is pending, or could be brought, under the immigration provisions, or

(b) it has been decided on an appeal under those provisions that the act is not a contravention of Part 3.

(2) The relevant decision is not -

(a) subject to challenge in proceedings on a claim within section 110 (1)(a), or

(b) affected by the decision of a court in such proceedings.

(3) For the purposes of subsection (1)(a) a power to grant permission to appeal out of time must be ignored.

(4) Each of the following is an immigration authority -

(a) the Secretary of State;

(b) an immigration officer;

(c) a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971 (c. 77) ).

(5) The immigration provisions are -

(a) the Special Immigration Appeals Commission Act 1997 (c. 68) , or

(b) Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41) .

(6) A relevant decision is -

(a) a decision under the Immigration Acts relating to the entitlement of a person to enter or remain in the United Kingdom;

(b) a decision on an appeal under the immigration provisions relating to a decision within paragraph (a).

(7) An appeal is pending if it is pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the purposes of that section as it is applied by section 2(2)(j) of the Special Immigration Appeals Commission Act 1997 .

(1) A claim is within this section if it may be made to -

(a) 70the First-tier Tribunal in accordance with Part 2 of Schedule 17 ,

(b) the Special Educational Needs Tribunal for Wales in accordance with Part 2 of that Schedule, or

(c) an Additional Support Needs Tribunal for Scotland in accordance with Part 3 of that Schedule.

(2) A claim is also within this section if it must be made in accordance with appeal arrangements within the meaning of Part 4 of that Schedule.

(3) Schedule 17 (disabled pupils: enforcement) has effect.

(1) Rules of court may, in relation to proceedings on a claim within section 110 , confer power as mentioned in subsections (2) to (4); but a power so conferred is exercisable only if the court thinks it expedient to do so in the interests of national security.

(2) The rules may confer power to exclude from all or part of the proceedings -

(a) the claimant or pursuer;

(b) a representative of the claimant or pursuer;

(c) an assessor.

(3) The rules may confer power to permit a claimant, pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or part of the proceedings, to which the exclusion relates.

(4) The rules may confer power to take steps to keep secret all or part of the reasons for the court's decision.

(5) The Attorney General or, in Scotland, the Advocate General for Scotland may appoint a person to represent the interests of a claimant or pursuer in, or in any part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b) relates.

(6) A person (P) may be appointed under subsection (5) only if -

(a) in relation to proceedings in England and Wales, P is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation;

(b) in relation to proceedings in Scotland, P is an advocate or qualified to practice as a solicitor in Scotland.

(7) P is not responsible to the person whose interests P is appointed to represent.

(1) Proceedings on a claim within section 110 may not be brought after the end of -

(a) the period of 6 months starting with the date of the act to which the claim relates, or

(b) such other period as the county court or sheriff thinks just and equitable.

(2) 71If subsection (3) or (4) applies, subsection (1)(a) has effect as if for "6 months" there were substituted "9 months".

(3) This subsection applies if -

(a) the claim relates to the act of a qualifying institution, and

(b) a complaint relating to the act is referred under the student complaints scheme before the end of the period of 6 months starting with the date of the act.

(4) This subsection applies if -

(a) the claim relates to a dispute referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 (c. 3) , and

(b) subsection (3) does not apply.

(5) If it has been decided under the immigration provisions that the act of an immigration authority in taking a relevant decision is a contravention of Part 3 (services and public functions), subsection (1) has effect as if for paragraph (a) there were substituted -

"(a) the period of 6 months starting with the day after the expiry of the period during which, as a result of section 110 (2), proceedings could not be brought in reliance on section 110 (1)(a);".

(6) For the purposes of this section -

(a) conduct extending over a period is to be treated as done at the end of the period;

(b) failure to do a thing is to be treated as occurring when the person in question decided on it.

(7) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do a thing -

(a) when P does an act inconsistent with doing the thing, or

(b) if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do the thing.

(8) In this section -

"immigration authority", "immigration provisions" and "relevant decision" each have the meaning given in section 111 ;

"qualifying institution" has the meaning given by section 11 of the Higher Education Act 2004 (c. 8) ;

"the student complaints scheme" means a scheme for the review of qualifying complaints (within the meaning of section 12 of that Act) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).

(1) This section applies if a county court or the sheriff finds that there has been a contravention of a provision referred to in section 110 (1).

(2) The county court has power to grant any remedy which could be granted by the High Court -

(a) in proceedings in tort;

(b) on a claim for judicial review.

(3) 72The sheriff has power to make any order which could be made by the Court of Session -

(a) in proceedings for reparation;

(b) on a petition for judicial review.

(4) An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).

(5) In the case of a contravention by virtue of section 19 of a provision referred to in section 110 (1), the county court or sheriff must not make an award of damages -

(a) if satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the claimant or pursuer, or

(b) without considering whether to make any other disposal.

(6) The county court or sheriff must not grant a remedy other than an award of damages or the making of a declaration unless satisfied that no criminal matter would be prejudiced by doing so.

(1) An employment tribunal has, subject to section 117 , jurisdiction to determine a complaint relating to -

(a) a contravention of Part 5 (work);

(b) a contravention of section 104 , 107 or 108 that relates to Part 5.

(2) An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 58 ) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non- discrimination rule.

(3) An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4) An employment tribunal also has jurisdiction to determine a question that -

(a) relates to a non-discrimination rule, and

(b) is referred to the tribunal by virtue of section 118 .

(5) In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer -

(a) is to be treated as a party, and

(b) is accordingly entitled to appear and be heard.

(6) Nothing in this section affects such jurisdiction as the High Court, a county court, the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7) Subsection (1)(a) does not apply to a contravention of section 51 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(1) Section 116 (1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless -

(a) the complainant has made a service complaint about the matter, and

(b) the complaint has not been withdrawn.

(2) If the complaint is made under the service complaint procedures, it is to be treated for the purposes of subsection (1)(b) as withdrawn if -

(a) neither the officer to whom it is made nor a superior officer refers it to the Defence Council, and

(b) the complainant does not apply for it to be referred to the Defence Council.

(3) If the complaint is made under the old service redress procedures, it is to be treated for the purposes of subsection (1)(b) as withdrawn if the complainant does not submit it to the Defence Council under those procedures.

(4) The reference in subsection (3) to the old service redress procedures is a reference to the procedures (other than those relating to the making of a report on a complaint to Her Majesty) referred to in -

(a) section 180 of the Army Act 1955,

(b) section 180 of the Air Force Act 1955, or

(c) section 130 of the Naval Discipline Act 1957.

(5) The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of the service complaint procedures or (as the case may be) the old service redress procedures.

(1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to a non-discrimination rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

(2) If in proceedings before a court a question arises about a non-discrimination rule, the court may (whether or not on an application by a party to the proceedings) -

(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and

(b) stay or sist the proceedings in the meantime.

(1) Proceedings on a complaint within section 116 may not be brought after the end of -

(a) the period of 3 months starting with the date of the act to which the complaint relates, or

(b) such other period as the employment tribunal thinks just and equitable.

(2) Proceedings may not be brought in reliance on section 117 (1) after the end of -

(a) the period of 6 months starting with the date of the act to which the proceedings relate, or

(b) such other period as the employment tribunal thinks just and equitable.

(3) 74For the purposes of this section -

(a) conduct extending over a period is to be treated as done at the end of the period;

(b) failure to do a thing is to be treated as occurring when the person in question decided on it.

(4) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do a thing -

(a) when P does an act inconsistent with doing the thing, or

(b) if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do the thing.

(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 116 (1).

(2) The tribunal may -

(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b) order the respondent to pay compensation to the complainant;

(c) make an appropriate recommendation.

(3) An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for the purpose of obviating or reducing the adverse effect of any matter to which the proceedings relate -

(a) on the complainant;

(b) on any other person.

(4) Subsection (5) applies if the tribunal -

(a) finds that a contravention is established by virtue of section 19 , but

(b) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant.

(5) It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c).

(6) The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be awarded by a county court or the sheriff under section 115 .

(7) If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation in so far as it relates to the complainant, the tribunal may -

(a) if an order was made under subsection (2)(b), increase the amount of compensation to be paid;

(b) if no such order was made, make one.

(1) In national security proceedings, an appropriate recommendation (as defined by section 120 ) must not be made in relation to a person other than the complainant if the recommendation would affect anything done by -

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) 75the Government Communications Headquarters, or

(d) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(2) National security proceedings are -

(a) proceedings to which a direction under section 10(3) of the Employment Tribunals Act 1996 (c. 17) (national security) relates;

(b) proceedings to which an order under section 10(4) of that Act relates;

(c) proceedings (or the part of proceedings) to which a direction pursuant to regulations made under section 10(5) of that Act relates;

(d) proceedings (or the part of proceedings) in relation to which an employment tribunal acts pursuant to regulations made under section 10(6) of that Act.

(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 116 (1) in relation to -

(a) the terms on which persons become members of an occupational pension scheme, or

(b) the terms on which members of an occupational pension scheme are treated.

(2) In addition to anything which may be done by the tribunal under section 120 the tribunal may also by order declare -

(a) if the complaint relates to the terms on which persons become members of a scheme, that the complainant has a right to be admitted to the scheme;

(b) if the complaint relates to the terms on which members of the scheme are treated, that the complainant has a right to membership of the scheme without discrimination.

(3) The tribunal may not make an order under subsection (2)(b) of section 120 unless -

(a) the compensation is for injured feelings, or

(b) the order is made by virtue of subsection (7) of that section.

(4) An order under subsection (2) -

(a) may make provision as to the terms on which or the capacity in which the claimant is to enjoy the admission or membership;

(b) may have effect in relation to a period before the order is made.

(1) An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule.

(2) The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference 76in this Chapter to a complaint relating to such a breach is to be read accordingly.

(3) An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule.

(4) An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule.

(5) An employment tribunal also has jurisdiction to determine a question that -

(a) relates to an equality clause or rule, and

(b) is referred to the tribunal by virtue of section 124 (2).

(6) This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless -

(a) the complainant has made a service complaint about the matter, and

(b) the complaint has not been withdrawn.

(7) Subsections (2) to (5) of section 117 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section.

(8) In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer -

(a) is to be treated as a party, and

(b) is accordingly entitled to appear and be heard.

(9) Nothing in this section affects such jurisdiction as the High Court, a county court, the Court of Session or the sheriff has in relation to an equality clause or rule.

(1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

(2) If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings) -

(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and

(b) stay or sist the proceedings in the meantime.

(1) This section applies to -

(a) a complaint relating to a breach of an equality clause or rule, or

(b) an application for a declaration referred to in section 123 (3) or (4).

(2) Proceedings on the complaint or application may not be brought in an employment tribunal after the end of the qualifying period.

(3) 77If the complaint or application relates to terms of work other than terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column.

TABLE 15

(4) If the complaint or application relates to terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column.

TABLE 16

(1) This section applies for the purposes of section 125 .

(2) A standard case is a case which is not -

(a) a stable work case,

(b) a concealment case,

(c) an incapacity case, or

(d) a concealment case and an incapacity case.

(3) A stable work case is a case where the proceedings relate to a period during which there was a stable working relationship between the worker and the responsible person (including any time after the terms of work had expired).

(4) A concealment case in proceedings relating to an equality clause is a case where -

(a) the responsible person deliberately concealed a qualifying fact from the worker, and

(b) the worker did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(5) A concealment case in proceedings relating to an equality rule is a case where -

(a) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact from the member, and

(b) the member did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(6) A qualifying fact for the purposes of subsection (4) or (5) is a fact -

(a) which is relevant to the complaint, and

(b) without knowledge of which the worker or member could not reasonably have been expected to bring the proceedings.

(7) An incapacity case in proceedings relating to an equality clause with respect to terms of work other than terms of service in the armed forces is a case where the worker had an incapacity during the period of 6 months beginning with the later of -

(a) the relevant day, or

(b) the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(8) An incapacity case in proceedings relating to an equality clause with respect to terms of service in the armed forces is a case where the worker had an incapacity during the period of 9 months beginning with the later of -

(a) the last day of the period of service during which the complaint arose, or

(b) the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(9) An incapacity case in proceedings relating to an equality rule is a case where the member of the occupational pension scheme in question had an incapacity during the period of 6 months beginning with the later of -

(a) the relevant day, or

(b) 79the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the member by the employer or the trustees or managers of the scheme.

(10) The relevant day for the purposes of this section is -

(a) the last day of the employment or appointment, or

(b) the day on which the stable working relationship between the worker and the responsible person ended.

(1) This section applies to proceedings before an employment tribunal on -

(a) a complaint relating to a breach of an equality clause or rule, or

(b) a question referred to the tribunal by virtue of section 124 (2).

(2) Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question.

(3) The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may -

(a) request the panel member to provide it with specified documentation;

(b) make such other requests to that member as are connected with the withdrawal of the requirement.

(4) If the tribunal requires the preparation of a report under subsection (2) (and does not withdraw the requirement), it must not determine the question unless it has received the report.

(5) Subsection (6) applies where -

(a) a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B), and

(b) A's work and B's work have been given different values by a job evaluation study.

(6) The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study -

(a) was based on a system that discriminates because of sex, or

(b) is otherwise unreliable.

(7) For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made.

(8) A reference to a member of the panel of independent experts is to a person -

(a) who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service (ACAS) for the purposes of this section, and

(b) who is neither a member of the Council of ACAS nor one of its officers or members of staff.

(9) "Job evaluation study" has the meaning given in section 77 (5).

(1) This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach of the equality clause, it may -

(a) make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b) order an award by way of arrears of pay or damages in relation to the complainant.

(3) The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.

(4) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

TABLE 17

(5) In relation to proceedings in Scotland, the arrears day is the first day of -

(a) the period of 5 years ending with the day on which the proceedings were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error, the period of 20 years ending with that day.

(1) This section applies to proceedings before a court or employment tribunal on a complaint relating to -

(a) a breach of an equality rule, or

(b) a breach of an equality clause with respect to membership of, or rights under, an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach as referred to in subsection (1) -

(a) it may make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b) it must not order arrears of benefits or damages or any other amount to be paid to the complainant.

(3) Subsection (2)(b) does not apply if the proceedings are proceedings to which section 130 applies.

(4) 81If the breach relates to a term on which persons become members of the scheme, the court or tribunal may declare that the complainant is entitled to be admitted to the scheme with effect from a specified date.

(5) A date specified for the purposes of subsection (4) must not be before 8 April 1976.

(6) If the breach relates to a term on which members of the scheme are treated, the court or tribunal may declare that the complainant is, in respect of a specified period, entitled to secure the rights that would have accrued if the breach had not occurred.

(7) A period specified for the purposes of subsection (6) must not begin before 17 May 1990.

(8) If the court or tribunal makes a declaration under subsection (6), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the rights referred to in that subsection.

(1) This section applies to proceedings before a court or employment tribunal on a complaint by a pensioner member of an occupational pension scheme relating to a breach of an equality clause or rule with respect to a term on which the member is treated.

(2) If the court or tribunal finds that there has been a breach referred to in subsection (1), it may -

(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b) order an award by way of arrears of benefits or damages or of any other amount in relation to the complainant.

(3) The court or tribunal must not order an award under subsection (2)(b) in respect of a time before the arrears day.

(4) If the court or tribunal orders an award under subsection (2)(b), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the amount of the award.

(5) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

TABLE 18

(6) In relation to proceedings in Scotland, the arrears day is the first day of -

(a) 82the period of 5 years ending with the day on which the proceedings were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error, the period of 20 years ending with that day.

(1) This section applies for the purposes of sections 128 to 130 .

(2) A standard case is a case which is not -

(a) a concealment case,

(b) an incapacity case, or

(c) a concealment case and an incapacity case.

(3) A concealment case in relation to an equality clause is a case where -

(a) the responsible person deliberately concealed a qualifying fact (as defined by section 126 ) from the worker, and

(b) the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

(4) A concealment case in relation to an equality rule is a case where -

(a) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 126 ) from the member, and

(b) the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact.

(5) An incapacity case is a case where the worker or member -

(a) had an incapacity when the breach first occurred, and

(b) commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity.

(6) A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 128 (5)(a) is, as a result of subsection (7) below, reckoned as a period of more than 20 years.

(7) For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member -

(a) had an incapacity, or

(b) was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error).

(8) For the purposes of subsection (7) -

(a) a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person;

(b) an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person;

(c) a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme;

(d) 83an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme.

(9) A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned.

(10) In relation to terms of service, a reference in section 128 (5) or subsection (3) or (5)(b) of this section to commencing proceedings is a reference to making a service complaint.

(11) A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member.

(12) In relation to proceedings before a court -

(a) a reference to a complaint is to be read as a reference to a claim, and

(b) a reference to a complainant is to be read as a reference to a claimant.

(1) This section applies to any proceedings relating to a contravention of this Act.

(2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3) But subsection (2) does not apply if A shows that A did not contravene the provision.

(4) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(5) This section does not apply to proceedings for an offence under this Act.

(6) A reference to the court includes a reference to -

(a) an employment tribunal;

(b) the Asylum and Immigration Tribunal;

(c) the Special Immigration Appeals Commission;

(d) the First-tier Tribunal;

(e) the Special Educational Needs Tribunal for Wales;

(f) an Additional Support Needs Tribunal for Scotland.

(1) A finding in relevant proceedings in respect of an act which has become final is to be treated as conclusive in proceedings under this Act.

(2) Relevant proceedings are proceedings before a court or employment tribunal under any of the following -

(a) section 19 or 20 of the Race Relations Act 1968 (c. 71) ;

(b) 84the Equal Pay Act 1970 (c. 41) ;

(c) the Sex Discrimination Act 1975 (c. 65) ;

(d) the Race Relations Act 1976 (c. 74) ;

(e) section 6(4A) of the Sex Discrimination Act 1986 (c. 59) ;

(f) the Disability Discrimination Act 1995 (c. 50) ;

(g) Part 2 of the Equality Act 2006 (c. 3) ;

(h) the Employment Equality (Religion and Belief) Regulations 2003 (S.I. 2003/1660);

(i) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(j) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(k) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

(3) A finding becomes final -

(a) when an appeal against the finding is dismissed, withdrawn or abandoned, or

(b) when the time for appealing expires without an appeal having been brought.

(1) In this section -

(a) P is a person who thinks that a contravention of this Act has occurred in relation to P;

(b) R is a person who P thinks has contravened this Act.

(2) A Minister of the Crown must by order prescribe -

(a) forms by which P may question R on any matter which is or may be relevant;

(b) forms by which R may answer questions by P.

(3) A question by P or an answer by R is admissible as evidence in proceedings under this Act (whether or not the question or answer is contained in a prescribed form).

(4) A court or tribunal may draw an inference from -

(a) a failure by R to answer a question by P before the end of the period of 8 weeks beginning with the day on which the question is served;

(b) an evasive or equivocal answer.

(5) Subsection (4) does not apply if -

(a) R reasonably asserts that to have answered differently or at all might have prejudiced a criminal matter;

(b) R reasonably asserts that to have answered differently or at all would have revealed the reason for not commencing or not continuing criminal proceedings;

(c) R's answer is of a kind specified for the purposes of this paragraph by order of a Minister of the Crown;

(d) R's answer is given in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown;

(e) R's failure to answer occurs in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown.

(6) 85The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(7) A Minister of the Crown may by order -

(a) prescribe the period within which a question must be served to be admissible under subsection (3);

(b) prescribe the manner in which a question by P, or an answer by R, may be served.

(8) This section -

(a) does not affect any other enactment or rule of law relating to interim or preliminary matters in proceedings before a county court, sheriff or employment tribunal, and

(b) has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

(1) A Minister of the Crown may by regulations make provision -

(a) for enabling an employment tribunal to include interest on an amount awarded by it in proceedings under this Act;

(b) specifying the manner in which, and the periods and rate by reference to which, the interest is to be determined.

(2) A Minister of the Crown may by regulations modify the operation of an order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on awards) in so far as it relates to an award in proceedings under this Act.

(1) This section applies in relation to conduct which has given rise to two or more separate proceedings under this Act, with at least one being for a contravention of section 107 (instructing, causing or inducing discrimination).

(2) A court may transfer proceedings to an employment tribunal.

(3) An employment tribunal may transfer proceedings to a court.

(4) A court or employment tribunal is to be taken for the purposes of this Part to have jurisdiction to determine a claim or complaint transferred to it under this section; accordingly -

(a) a reference to a claim within section 110 (1) includes a reference to a claim transferred to a court under this section;

(b) a reference to a complaint within section 116 (1) includes a reference to a complaint transferred to an employment tribunal under this section.

(5) A court or employment tribunal may not make a decision that is inconsistent with an earlier decision in proceedings arising out of the conduct.

(6) "Court" means -

(a) in relation to proceedings in England and Wales, a county court;

(b) in relation to proceedings in Scotland, the sheriff.

(1) This section applies for the purposes of this Part.

(2) A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5.

(3) A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question.

(4) A reference to the terms of a person's work is to be construed in accordance with Chapter 3 of Part 5.

(5) A reference to a member of an occupational pension scheme includes a reference to a prospective member.

(6) In relation to proceedings in England and Wales, a person has an incapacity if the person -

(a) has not attained the age of 18, or

(b) lacks capacity (within the meaning of the Mental Capacity Act 2005).

(7) In relation to proceedings in Scotland, a person has an incapacity if the person -

(a) has not attained the age of 16, or

(b) is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000).

(8) "Service complaint" means a complaint under section 334 of the Armed Forces Act 2006 (c. 52) ; and "service complaint procedures" means the procedures prescribed by regulations under that section (except in so far as relating to references under section 337 of that Act)

(9) "Criminal matter" means -

(a) an investigation into the commission of an alleged offence;

(b) a decision whether to commence criminal proceedings;

(c) criminal proceedings.

(1) A public authority must, in the exercise of its functions, have due regard to the need to -

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to -

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b) meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to -

(a) tackle prejudice, and

(b) 92promote understanding.

(5) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(6) The relevant protected characteristics are -

age;

disability;

gender reassignment;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

(7) A reference to conduct that is prohibited by or under this Act includes a reference to -

(a) a breach of an equality clause or rule.

(b) a breach of a non-discrimination rule;

(8) Schedule 18 (exceptions) has effect.

(1) A public authority is a person who is specified in Schedule 19 .

(2) In that Schedule -

Part 1 specifies public authorities generally;

Part 2 specifies relevant Welsh authorities;

Part 3 specifies relevant Scottish authorities.

(3) A public authority specified in Schedule 19 is subject to the duty imposed by section 145 (1) in relation to the exercise of all of its functions unless subsection (4) applies.

(4) A public authority specified in that Schedule in respect of certain specified functions is subject to that duty only in respect of the exercise of those functions.

(5) A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(1) A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19 .

(2) The Welsh Ministers may by order amend Part 2 of Schedule 19 .

(3) The Scottish Ministers may by order amend Part 3 of Schedule 19 .

(4) The power under subsection (1), (2) or (3) may not be exercised so as to -

(a) add an entry to Part 1 relating to a relevant Welsh or Scottish authority or a cross-border Welsh or Scottish authority;

(b) add an entry to Part 2 relating to a person who is not a relevant Welsh authority;

(c) 93add an entry to Part 3 relating to a person who is not a relevant Scottish authority.

(5) A Minister of the Crown may by order amend Schedule 19 so as to make provision relating to a cross-border Welsh or Scottish authority.

(6) On the first exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19 , a Minister of the Crown must -

(a) add a Part 4 to the Schedule for cross-border authorities, and

(b) add the cross-border Welsh or Scottish authority to that Part.

(7) Any subsequent exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19 must add that entry to Part 4 of the Schedule.

(8) An order may not be made under this section so as to extend the application of section 145 unless the person making it considers that the extension relates to a person by whom a public function is exercisable.

(1) Before making an order under a provision specified in the first column of the Table, a Minister of the Crown must consult the person or persons specified in the second column.

TABLE 21

(2) Before making an order under section 147 (2), the Welsh Ministers must -

(a) obtain the consent of a Minister of the Crown, and

(b) consult the Commission.

(3) Before making an order under section 147 (3), the Scottish Ministers must -

(a) obtain the consent of a Minister of the Crown, and

(b) consult the Commission.

(1) A Minister of the Crown may by regulations impose duties on a public authority specified in Part 1 of Schedule 19 for the purpose of enabling the better performance by the authority of the duty imposed by section 145 (1).

(2) The Welsh Ministers may by regulations impose duties on a public authority specified in Part 2 of Schedule 19 for that purpose.

(3) The Scottish Ministers may by regulations impose duties on a public authority specified in Part 3 of Schedule 19 for that purpose.

(4) Before making regulations under this section, the person making them must consult the Commission.

(1) If a Minister of the Crown exercises the power in section 147 (5) to add an entry for a public authority to Part 4 of Schedule 19 , the Minister must include after the entry a letter specified in the first column of the Table in subsection (3).

(2) Where a letter specified in the first column of the Table in subsection (3) is included after an entry for a public authority in Part 4 of Schedule 19 , the person specified in the second column of the Table -

(a) may by regulations impose duties on the authority for the purpose of enabling the better performance by the authority of the duty imposed by section 145 (1), subject to such limitations as are specified in that column;

(b) must in making the regulations comply with the procedural requirement specified in that column.

(3) This is the Table -

TABLE 22

(4) 95Before making regulations under subsection (2), the person making them must consult the Commission.

(1) Regulations under section 149 or 150 may require a public authority to consider such matters as may be specified from time to time by -

(a) a Minister of the Crown, where the regulations are made by a Minister of the Crown;

(b) the Welsh Ministers, where the regulations are made by the Welsh Ministers;

(c) the Scottish Ministers, where the regulations are made by the Scottish Ministers.

(2) Regulations under section 149 or 150 may impose duties on a public authority that is a contracting authority within the meaning of the Public Sector Directive in connection with its public procurement functions.

(3) In subsection (2) -

96"public procurement functions" means functions the exercise of which is regulated by the Public Sector Directive;

"the Public Sector Directive" means Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended from time to time.

(4) Subsections (1) and (2) do not affect the generality of section 149 or 150 (2)(a).

(5) A duty imposed on a public authority under section 149 or 150 may be modified or removed by regulations made by -

(a) a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown;

(b) the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers;

(c) the Scottish Ministers, where the original duty was imposed by regulations made by the Scottish Ministers.

A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law.

(1) This section applies for the purposes of this Chapter.

(2) A relevant Welsh authority is a person (other than the Assembly Commission) whose functions -

(a) are exercisable only in or as regards Wales, and

(b) are wholly or mainly devolved Welsh functions.

(3) A cross-border Welsh authority is a person other than a relevant Welsh authority (or the Assembly Commission) who has any function that -

(a) is exercisable in or as regards Wales, and

(b) is a devolved Welsh function.

(4) The Assembly Commission has the same meaning as in the Government of Wales Act 2006.

(5) A function is a devolved Welsh function if it relates to -

(a) a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or

(b) a matter within the legislative competence of the National Assembly for Wales.

(6) A relevant Scottish authority is a public body, public office or holder of a public office -

(a) which is not a cross-border Scottish authority or the Scottish Parliamentary Corporate Body,

(b) whose functions are exercisable only in or as regards Scotland, and

(c) at least some of whose functions do not relate to reserved matters.

(7) 97A cross-border Scottish authority is a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998.

(8) A function is a devolved Scottish function if it -

(a) is exercisable in or as regards Scotland, and

(b) does not relate to reserved matters.

(9) Reserved matters has the same meaning as in the Scotland Act 1998.

(1) This section applies if a person (P) reasonably thinks that -

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic,

(b) persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or

(c) participation in an activity by persons who share a protected characteristic is disproportionately low.

(2) This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of -

(a) enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,

(b) meeting those needs, or

(c) enabling or encouraging persons who share the protected characteristic to participate in that activity.

(3) Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.

(4) This section does not apply to -

(a) action within section 155 (3), or

(b) anything that is permitted by virtue of section 101 .

(5) If section 101 (7) is repealed by virtue of section 102 , this section will not apply to anything that would have been so permitted but for the repeal.

(6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

(1) This section applies if a person (P) reasonably thinks that -

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

(b) participation in an activity by persons who share a protected characteristic is disproportionately low.

(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to -

(a) 98overcome or minimise that disadvantage, or

(b) participate in that activity.

(3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

(4) But subsection (2) applies only if -

(a) A is as qualified as B to be recruited or promoted, and

(b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it.

(5) "Recruitment" means a process for deciding whether to -

(a) offer employment to a person,

(b) make contract work available to a contract worker,

(c) offer a person a position as a partner in a firm or proposed firm,

(d) offer a person a position as a member of an LLP or proposed LLP,

(e) offer a person a pupillage or tenancy in barristers' chambers,

(f) take a person as an advocate's devil or offer a person membership of an advocate's stable,

(g) offer a person an appointment to a personal office,

(h) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or

(i) offer a person a service for finding employment.

(6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

(1) The Secretary of State may make regulations (in this Chapter referred to as "taxi accessibility regulations") for securing that it is possible for disabled persons -

(a) to get into and out of taxis in safety;

(b) to do so while in wheelchairs;

(c) to travel in taxis in safety and reasonable comfort;

(d) to do so while in wheelchairs.

(2) The regulations may, in particular, require a regulated taxi to conform with provision as to -

(a) the size of a door opening for the use of passengers;

(b) the floor area of the passenger compartment;

(c) the amount of headroom in the passenger compartment;

(d) 99the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving.

(3) The regulations may also -

(a) require the driver of a regulated taxi which is plying for hire, or which has been hired, to comply with provisions as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(b) require the driver of a regulated taxi in which a disabled person is being carried while in a wheelchair to comply with provisions as to the position in which the wheelchair is to be secured.

(4) The driver of a regulated taxi which is plying for hire or has been hired commits an offence -

(a) by failing to comply with a requirement of the regulations, or

(b) if the taxi fails to conform with any provision of the regulations with which it is required to conform.

(5) A person guilty of an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this section -

"passenger compartment" has such meaning as is specified in taxi accessibility regulations;

"regulated taxi" means a taxi to which taxi accessibility regulations are expressed to apply.

(1) The appropriate authority may by regulations provide for the application of any taxi provision (with or without modification) to -

(a) vehicles used for the provision of services under a franchise agreement, or

(b) drivers of such vehicles.

(2) A franchise agreement is a contract entered into by the operator of a designated transport facility for the provision, by the other party to the contract, of hire car services -

(a) for members of the public using any part of the facility, and

(b) which involve vehicles entering any part of the facility.

(3) In this section -

"appropriate authority" means -

(a) in relation to transport facilities in England and Wales, the Secretary of State;

(b) in relation to transport facilities in Scotland, the Scottish Ministers;

"designated" means designated by order made by the appropriate authority;

"hire car" has such meaning as is specified in regulations made by the appropriate authority;

"operator", in relation to a transport facility, means a person who is concerned with the management or operation of the facility;

"taxi provision" means a provision of -

(a) 100this Chapter, or

(b) regulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982,

which applies in relation to taxis or drivers of taxis;

"transport facility" means premises which form part of a port, airport, railway station or bus station.

(4) For the purposes of section 2(2) of the European Communities Act 1972 (implementation of Community obligations), the Secretary of State may exercise a power conferred by this section on the Scottish Ministers.

(1) A licence for a taxi to ply for hire must not be granted unless the vehicle conforms with the provisions of taxi accessibility regulations with which a vehicle is required to conform if it is licensed.

(2) Subsection (1) does not apply if a licence is in force in relation to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

(3) The Secretary of State may by order provide for subsection (2) to cease to have effect on a specified date.

(4) The power under subsection (3) may be exercised differently for different areas or localities.

(1) The Secretary of State may by regulations provide for a relevant licensing authority to apply for an order (an "exemption order") exempting the authority from the requirements of section 158 .

(2) Regulations under subsection (1) may, in particular, make provision requiring an authority proposing to apply for an exemption order -

(a) to carry out such consultation as is specified;

(b) to publish its proposals in the specified manner;

(c) before applying for the order, to consider representations made about the proposal;

(d) to make the application in the specified form.

In this subsection "specified" means specified in the regulations.

(3) An authority may apply for an exemption order only if it is satisfied -

(a) that, having regard to the circumstances in its area, it is inappropriate for section 158 to apply, and

(b) that the application of that section would result in an unacceptable reduction in the number of taxis in its area.

(4) After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may -

(a) make an exemption order in the terms of the application for the order;

(b) make an exemption order in such other terms as the Secretary of State thinks appropriate;

(c) refuse to make an exemption order.

(5) 101The Secretary of State may by regulations make provision requiring a taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.

(6) Regulations under subsection (5) may make provision corresponding to section 158 .

(7) In this section -

"relevant licensing authority" means an authority responsible for licensing taxis in any area of England and Wales other than the area to which the Metropolitan Public Carriage Act 1869 applies;

"swivel seats" has such meaning as is specified in regulations under subsection (5) .

(1) This section imposes duties on the driver of a designated taxi which has been hired -

(a) by or for a disabled person who is in a wheelchair, or

(b) by another person who wishes to be accompanied by a disabled person who is in a wheelchair.

(2) This section also imposes duties on the driver of a designated private hire vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated to the driver that he or she wishes to travel in the vehicle.

(3) For the purposes of this section -

(a) a taxi or private hire vehicle is "designated" if it appears on a list maintained under section 162 ;

(b) "the passenger" means the disabled person concerned.

(4) The duties are -

(a) to carry the passenger while in the wheelchair;

(b) not to make any additional charge for doing so;

(c) if the passenger chooses to sit in a passenger seat, to carry the wheelchair;

(d) to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;

(e) to give the passenger such mobility assistance as is reasonably required.

(5) Mobility assistance is assistance -

(a) to enable the passenger to get into or out of the vehicle;

(b) if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair;

(c) to load the passenger's luggage into or out of the vehicle;

(d) if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.

(6) This section does not require the driver -

(a) unless the vehicle is of a description specified in regulations made by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;

(b) 102to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.

(7) A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) It is a defence for a person charged with the offence to show that at the time of the alleged offence -

(a) the vehicle conformed to the accessibility requirements which applied to it, but

(b) it would not have been possible for the wheelchair to be carried safely in the vehicle.

(10) In this section and sections 161 and 162 "private hire vehicle" means -

(a) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

(b) a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;

(c) a vehicle licensed under an equivalent provision of a local enactment;

(d) a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982.

(1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 160 (an "exemption certificate") if satisfied that it is appropriate to do so -

(a) on medical grounds, or

(b) on the ground that the person's physical condition makes it impossible or unreasonably difficult for the person to comply with those duties.

(2) An exemption certificate is valid for such period as is specified in the certificate.

(3) The driver of a designated taxi is exempt from the duties imposed by section 160 if -

(a) an exemption certificate issued to the driver is in force, and

(b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.

(4) The driver of a designated private hire vehicle is exempt from the duties imposed by section 160 if -

(a) an exemption certificate issued to the driver is in force, and

(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.

(5) For the purposes of this section a taxi or private hire vehicle is "designated" if it appears on a list maintained under section 162 .

(6) In this section and section 162 "licensing authority", in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area.

(1) For the purposes of section 160 a licensing authority may maintain a list of vehicles falling within subsection (2) .

(2) A vehicle falls within this subsection if -

(a) it is either a taxi or a private hire vehicle, and

(b) it conforms to such accessibility requirements as the licensing authority thinks fit.

(3) A licensing authority in England and Wales may, if it thinks fit, decide that a vehicle may be included on a list maintained under this section only if it being used, or is to be used, by the holder of a special licence under that licence.

(4) A licensing authority in Scotland may include a vehicle on a list maintained under this section only if it is being used, or is to be used, by the holder of a special licence under that licence.

(5) In subsections (3) and (4) "special licence" has the meaning given by section 12 of the Transport Act 1985 (use of taxis or hire cars in providing local services).

(6) "Accessibility requirements" are requirements for securing that it is possible for disabled persons in wheelchairs -

(a) to get into and out of vehicles in safety, and

(b) to travel in vehicles in safety and reasonable comfort,

either staying in their wheelchairs or not (depending on which they prefer).

(7) The Secretary of State may issue guidance to licensing authorities as to -

(a) the accessibility requirements which they should apply for the purposes of this section;

(b) any other aspect of their functions under or by virtue of this section.

(8) A licensing authority which maintains a list under subsection (1) must have regard to any guidance issued under subsection (7) .

(1) This section imposes duties on the driver of a taxi which has been hired -

(a) by or for a disabled person who is accompanied by an assistance dog, or

(b) by another person who wishes to be accompanied by a disabled person with an assistance dog.

(2) The driver must -

(a) carry the disabled person's dog and allow it to remain with that person;

(b) not make any additional charge for doing so.

(3) The driver of a taxi commits an offence by failing to comply with a duty imposed by this section.

(4) A person guilty of an offence under this section is liable to a fine not exceeding level 3 on the standard scale.

(1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 163 (an "exemption certificate") if satisfied that it is appropriate to do so on medical grounds.

(2) 104In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the taxi which the person drives or those of any kind of taxi in relation to which the person requires the certificate.

(3) An exemption certificate is valid -

(a) in respect of a specified taxi or a specified kind of taxi;

(b) for such period as is specified in the certificate.

(4) The driver of a taxi is exempt from the duties imposed by section 163 if -

(a) an exemption certificate issued to the driver is in force with respect to the taxi, and

(b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.

The power to make regulations under paragraph (b) is exercisable by the Secretary of State.

(5) In this section "licensing authority" means -

(a) in relation to the area to which the Metropolitan Public Carriage Act 1869 applies, the Secretary of State or the holder of any office for the time being designated by the Secretary of State;

(b) in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area.

(1) The operator of a private hire vehicle (O) commits an offence by failing or refusing to accept a booking for the vehicle -

(a) if the booking is requested by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and

(b) the reason for the failure or refusal is that the disabled person will be accompanied by an assistance dog.

(2) O commits an offence by making an additional charge for carrying an assistance dog which is accompanying a disabled person.

(3) The driver of a private hire vehicle commits an offence by failing or refusing to carry out a booking accepted by O -

(a) if the booking is made by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and

(b) the reason for the failure or refusal is that the disabled person is accompanied by an assistance dog.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) In this section -

"driver" means a person who holds a licence under -

(a) section 13 of the Private Hire Vehicles (London) Act 1998 ("the 1998 Act"),

(b) section 51 of the Local Government (Miscellaneous Provisions) Act 1976 ("the 1976 Act"), or

(c) an equivalent provision of a local enactment;

"licensing authority", in relation to any area in England and Wales, means the authority responsible for licensing private hire vehicles in that area;

105"operator" means a person who holds a licence under -

(a) section 3 of the 1998 Act,

(b) section 55 of the 1976 Act, or

(c) an equivalent provision of a local enactment;

"private hire vehicle" means a vehicle licensed under -

(a) section 6 of the 1998 Act,

(b) section 48 of the 1976 Act, or

(c) an equivalent provision of a local enactment.

(1) A licensing authority must issue a driver with a certificate exempting the driver from the offence under section 165 (3) (an "exemption certificate") if satisfied that it is appropriate to do so on medical grounds.

(2) In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the private hire vehicle which the person drives or those of any kind of private hire vehicle in relation to which the person requires the certificate.

(3) An exemption certificate is valid -

(a) in respect of a specified private hire vehicle or a specified kind of private hire vehicle;

(b) for such period as is specified in the certificate.

(4) A driver does not commit an offence under section 165 (3) if -

(a) an exemption certificate issued to the driver is in force with respect to the private hire vehicle, and

(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.

The power to make regulations under paragraph (b) is exercisable by the Secretary of State.

(5) In this section "driver", "licensing authority" and "private hire vehicle" have the same meaning as in section 165 .

(1) A person who is aggrieved by the refusal of a licensing authority in England and Wales to issue an exemption certificate under section 161 , 164 or 166 may appeal to a magistrates' court before the end of the period of 28 days beginning with the date of the refusal.

(2) A person who is aggrieved by the refusal of a licensing authority in Scotland to issue an exemption certificate under section 161 may appeal to the sheriff before the end of the period of 28 days beginning with the date of the refusal.

(3) On an appeal under subsection (1) or (2) , the magistrates' court or sheriff may direct the licensing authority to issue the exemption certificate to have effect for such period as is specified in the direction.

(4) A person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 162 may appeal to a magistrates' court or, in Scotland, the sheriff before the end of the period of 28 days beginning with the date of the inclusion.

(1) In this Chapter -

"accessibility requirements" has the meaning given in section 162 (4);

"assistance dog" means -

(a) a dog which has been trained to guide a blind person;

(b) a dog which has been trained to assist a deaf person;

(c) a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;

(d) a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;

"taxi" -

(a) means a vehicle which is licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869, and

(b) in sections 157 and 160 to 162 , also includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982,

but does not include a vehicle drawn by a horse or other animal;

"taxi accessibility regulations" has the meaning given by section 156 (1).

(2) A power to make regulations under paragraph (c) or (d) of the definition of "assistance dog" in subsection (1) is exercisable by the Secretary of State.

(1) The Secretary of State may make regulations (in this Chapter referred to as "PSV accessibility regulations") for securing that it is possible for disabled persons -

(a) to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs), and

(b) to travel in such vehicles in safety and reasonable comfort.

(2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles, including provision as to -

(a) the fitting of equipment to vehicles;

(b) equipment to be carried by vehicles;

(c) the design of equipment to be fitted to, or carried by, vehicles;

(d) the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving;

(e) the position in which wheelchairs are to be secured while vehicles are moving.

(3) In this section "public service vehicle" means a vehicle which is -

(a) 107adapted to carry more than 8 passengers, and

(b) a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;

and in this Chapter "regulated public service vehicle" means a public service vehicle to which PSV accessibility regulations are expressed to apply.

(4) The regulations may make different provision -

(a) as respects different classes or descriptions of vehicle;

(b) as respects the same class or description of vehicle in different circumstances.

(5) The Secretary of State must not make regulations under this section or section 171 or 172 without consulting -

(a) the Disabled Persons Transport Advisory Committee, and

(b) such other representative organisations as the Secretary of State thinks fit.

(1) A person commits an offence by -

(a) contravening a provision of PSV accessibility regulations;

(b) using on a road a regulated public service vehicle which does not conform with a provision of the regulations with which it is required to conform;

(c) causing or permitting such a regulated public service vehicle to be used on a road.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) If an offence under this section committed by a body corporate is committed with the consent or connivance of, or is attributable to neglect on the part of, a responsible person, the responsible person as well as the body corporate is guilty of the offence.

(4) In subsection (3) a responsible person, in relation to a body corporate, is -

(a) a director, manager, secretary or similar officer;

(b) a person purporting to act in the capacity of a person mentioned in paragraph (a) ;

(c) in the case of a body corporate whose affairs are managed by its members, a member.

(5) If, in Scotland, an offence committed by a partnership or an unincorporated association is committed with the consent or connivance of, or is attributable to neglect on the part of, a partner or person concerned in the management of the association, the partner or person as well as the partnership or association is guilty of the offence.

(1) A regulated public service vehicle must not be used on a road unless -

(a) a vehicle examiner has issued a certificate (an "accessibility certificate") that such provisions of PSV accessibility regulations as are prescribed are satisfied in respect of the vehicle, or

(b) 108an approval certificate has been issued under section 172 in respect of the vehicle.

(2) Regulations may make provision -

(a) with respect to applications for, and the issue of, accessibility certificates;

(b) providing for the examination of vehicles in respect of which applications have been made;

(c) with respect to the issue of copies of accessibility certificates which have been lost or destroyed.

(3) The operator of a regulated public service vehicle commits an offence if the vehicle is used in contravention of this section.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) A power to make regulations under this section is exercisable by the Secretary of State.

(6) In this section "operator" has the same meaning as in the Public Passenger Vehicles Act 1981.

(1) The Secretary of State may approve a vehicle for the purposes of this section if satisfied that such provisions of PSV accessibility regulations as are prescribed for the purposes of section 171 are satisfied in respect of the vehicle.

(2) A vehicle which is so approved is referred to in this section as a "type vehicle".

(3) Subsection (4) applies if a declaration in the prescribed form is made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle.

(4) A vehicle examiner may issue a certificate in the prescribed form (an "approval certificate") that it conforms to the type vehicle.

(5) Regulations may make provision -

(a) with respect to applications for, and grants of, approval under subsection (1) ;

(b) with respect to applications for, and the issue of, approval certificates;

(c) providing for the examination of vehicles in respect of which applications have been made;

(d) with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed.

(6) The Secretary of State may at any time withdraw approval of a type vehicle.

(7) If an approval is withdrawn -

(a) no further approval certificates are to be issued by reference to the type vehicle; but

(b) an approval certificate issued by reference to the type vehicle before the withdrawal continues to have effect for the purposes of section 171 .

(8) A power to make regulations under this section is exercisable by the Secretary of State.

(9) 109In subsection (3) "authorised person" means a person authorised by the Secretary of State for the purposes of that subsection.

(1) The Secretary of State may by order authorise the use on roads of -

(a) a regulated public service vehicle of a class or description specified by the order, or

(b) a regulated public service vehicle which is so specified.

(2) Nothing in sections 169 to 172 prevents the use of a vehicle in accordance with the order.

(3) The Secretary of State may by order make provision for securing that provisions of PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order, subject to any modifications or exceptions specified by the order.

(4) An order under subsection (1) or (3) may make the authorisation or provision (as the case may be) subject to such restrictions and conditions as are specified by or under the order.

(5) Section 196 (2) does not require an order under this section that applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument.

(1) Subsection (2) applies if the Secretary of State refuses an application for the approval of a vehicle under section 172 (1) and, before the end of the prescribed period, the applicant -

(a) asks the Secretary of State to review the decision, and

(b) pays any fee fixed under section 175 .

(2) The Secretary of State must -

(a) review the decision, and

(b) in doing so, consider any representations made in writing by the applicant before the end of the prescribed period.

(3) A person applying for an accessibility certificate or an approval certificate may appeal to the Secretary of State against the refusal of a vehicle examiner to issue the certificate.

(4) An appeal must be made within the prescribed time and in the prescribed manner.

(5) Regulations may make provision as to the procedure to be followed in connection with appeals.

(6) On the determination of an appeal, the Secretary of State may -

(a) confirm, vary or reverse the decision appealed against;

(b) give directions to the vehicle examiner for giving effect to the Secretary of State's decision.

(7) A power to make regulations under this section is exercisable by the Secretary of State.

(1) The Secretary of State may charge such fees, payable at such times, as are prescribed in respect of -

(a) applications for, and grants of, approval under section 172 (1) ;

(b) applications for, and the issue of, accessibility certificates and approval certificates;

(c) copies of such certificates;

(d) reviews and appeals under section 174 .

(2) Fees received by the Secretary of State must be paid into the Consolidated Fund.

(3) The power to make regulations under subsection (1) is exercisable by the Secretary of State.

(4) The regulations may make provision for the repayment of fees, in whole or in part, in such circumstances as are prescribed.

(5) Before making the regulations the Secretary of State must consult such representative organisations as the Secretary of State thinks fit.

In this Chapter -

"accessibility certificate" has the meaning given in section 171 (1) ;

"approval certificate" has the meaning given in section 172 (4) ;

"PSV accessibility regulations" has the meaning given in section 169 (1) ;

"regulated public service vehicle" has the meaning given in section 169 (3) .

(1) The Secretary of State may make regulations (in this Chapter referred to as "rail vehicle accessibility regulations") for securing that it is possible for disabled persons -

(a) to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;

(b) to do so while in wheelchairs;

(c) to travel in such vehicles in safety and reasonable comfort;

(d) to do so while in wheelchairs.

(2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to -

(a) the fitting of equipment to vehicles;

(b) equipment to be carried by vehicles;

(c) the design of equipment to be fitted to, or carried by, vehicles;

(d) the use of equipment fitted to, or carried by, vehicles;

(e) the toilet facilities to be provided in vehicles;

(f) 111the location and floor area of the wheelchair accommodation to be provided in vehicles;

(g) assistance to be given to disabled persons.

(3) The regulations may contain different provision -

(a) as respects different classes or descriptions of rail vehicle;

(b) as respects the same class or description of rail vehicle in different circumstances;

(c) as respects different networks.

(4) In this section -

"network" means any permanent way or other means of guiding or supporting rail vehicles, or any section of it;

"rail vehicle" means a vehicle constructed or adapted to carry passengers on a railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the high- speed rail system or the conventional TEN rail system;

"regulated rail vehicle" means a rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply.

(5) In subsection (4) -

"conventional TEN rail system" and "high-speed rail system" have the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006 (S.I. 2006/397);

"prescribed system" means a system using a mode of guided transport ("guided transport" having the same meaning as in the Transport and Works Act 1992) that is specified in rail vehicle accessibility regulations;

"railway" and "tramway" have the same meaning as in the Transport and Works Act 1992.

(6) The Secretary of State must exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1 January 2020 every rail vehicle is a regulated rail vehicle.

(7) Subsection (6) does not affect subsection (3) , section 178 (1) or section 196 (4)(a).

(8) Before making regulations under subsection (1) or section 178 the Secretary of State must consult -

(a) the Disabled Persons Transport Advisory Committee, and

(b) such other representative organisations as the Secretary of State thinks fit.

(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.

(2) Authority under subsection (1)(a) or (b) may be for -

(a) a regulated rail vehicle that is specified or of a specified description,

(b) use in specified circumstances of a regulated rail vehicle, or

(c) 112use in specified circumstances of a regulated rail vehicle that is specified or of a specified description.

(3) The Secretary of State may by regulations make provision as 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 applications are to be made;

(c) information to be supplied in connection with applications;

(d) the period for which exemption orders are to continue in force;

(e) the revocation of exemption orders.

(4) After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may -

(a) make an exemption order in the terms of the application for the order;

(b) make an exemption order in such other terms as the Secretary of State thinks appropriate;

(c) refuse to make an exemption order.

(5) The Secretary of State may make an exemption order subject to such conditions and restrictions as are specified.

(6) "Specified" means specified in an exemption order.

(1) A statutory instrument that contains an order under section 178 (1) , if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, is subject to annulment in pursuance of a resolution of either House.

(2) The Secretary of State must consult the Disabled Persons Transport Advisory Committee before deciding which of the parliamentary procedures available under subsection (1) is to be adopted in connection with the making of any particular order under section 178 (1) .

(3) An order under section 178 (1) may be made without a draft of the instrument that contains it having been laid before, and approved by a resolution of, each House of Parliament only if -

(a) regulations under subsection (4) are in force; and

(b) the making of the order without such laying and approval is in accordance with the regulations.

(4) The Secretary of State may by regulations set out the basis on which the Secretary of State, when making an order under section 178 (1) , will decide which of the parliamentary procedures available under subsection (1) is to be adopted in connection with the making of the order.

(5) Before making regulations under subsection (4) , the Secretary of State must consult -

(a) the Disabled Persons Transport Advisory Committee; and

(b) such other persons as the Secretary of State considers appropriate.

(1) After the end of each calendar year the Secretary of State must prepare a report on -

(a) the exercise in that year of the power to make orders under section 178 (1) ;

(b) the exercise in that year of the discretion under section 179 (1).

(2) A report under subsection (1) must (in particular) contain -

(a) details of each order made under section 178 (1) in the year in question;

(b) details of consultation carried out under sections 178 (4) and 179 (2) in connection with orders made in that year under section 178 (1) .

(3) The Secretary of State must lay before each House of Parliament each report prepared under this section.

(1) Schedule 20 (rail vehicle accessibility: compliance) has effect.

(2) This section and that Schedule are repealed at the end of 2010 if the Schedule is not brought into force (either fully or to any extent) before the end of that year.

(1) In this Chapter -

"rail vehicle" and "regulated rail vehicle" have the meaning given in section 177 (4);

"rail vehicle accessibility regulations" has the meaning given in section 177 (1).

(2) For the purposes of this Chapter a vehicle is used "for carriage" if it is used for the carriage of passengers.

(1) In this section "relevant document" means -

(a) an exemption certificate issued under section 161 , 164 or 166 ;

(b) a notice of a kind mentioned in section 161 (3)(b) , 164 (4)(b) or 166 (4)(b) ;

(c) an accessibility certificate (see section 171 );

(d) an approval certificate (see section 172 ).

(2) A person commits an offence if, with intent to deceive, the person -

(a) forges, alters or uses a relevant document;

(b) lends a relevant document to another person;

(c) allows a relevant document to be used by another person;

(d) makes or has possession of a document which closely resembles a relevant document.

(3) 114A person guilty of an offence under subsection (2) is liable -

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

(4) A person commits an offence by knowingly making a false statement for the purpose of obtaining an accessibility certificate or an approval certificate.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.