HL Deb 06 November 1995 vol 566 cc1600-2

140 Schedule 6, page 36, line 45, at end insert— (". In section 13(6A)(b) for "Part VII of the Mental Health Act 1983" substitute "Part VIII of the Mental Health (Northern Ireland) Order 1986".")

The Commons agreed to this amendment with the following amendment—

140A Line 2, leave out from '(6A)' to end of line 4 and insert for paragraphs (b) and (c) substitute "; or (b) functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person's property or affairs.".'.

141 Page 37, line 9, at end insert— ("12A. Omit sections (Education of disabled persons), (Further and higher education of disabled persons) and (Further and higher education of disabled persons: Scotland). 12B. —(1) In section (Taxi accessibility regulations)(1) for "Secretary of State" substitute "Department of the Environment". (2) In section (Taxi accessibility regulations)(5) for the definition of "taxi" substitute— "taxi" means a vehicle which—

  1. (a) is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and
  2. (b) seats not more than 8 passengers in addition to the driver."
12C. For section (New licences conditional on compliance with taxi accessibility regulations) substitute—

"New licences conditional on compliance with accessibility regulations.

.— (1) The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.

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

(3) The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.".

12D. Omit section (Exemption from taxi accessibility regulations).

12E. In section (Carrying of passengers in wheelchairs)(7) for "licensing authority" substitute "Department of the Environment".

12F.—(1) In section (Carrying of guide dogs and hearing dogs)(5) and (6) for "licensing authority" substitute "Department of the Environment".

(2) In section (Carrying of guide dogs and hearing dogs)(9) for "Secretary of State" substitute "Department of the Environment".

12G. Omit section (Requirements as to disabled passengers in Scotland).

12H. —(1) In section (Appeal against refusal of exemption certificate)(1) for "a licensing authority" substitute "the Department of the Environment".

(2) In section (Appeal against refusal of exemption certificate)(2) for "licensing authority concerned" substitute "Department of the Environment".

(3) In section (Appeal against refusal of exemption certificate)(3) for the words from "the magistrates' court" to the end substitute "a court of summary jurisdiction acting for the petty sessions district in which the aggrieved person resides."

12I.—(1) In section (PSV accessibility regulations) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

(2) In section (PSV accessibility regulations)(5) for the definition of "public service vehicle" substitute—

""public service vehicle" means a vehicle which—

  1. (a) seats more than 8 passengers in addition to the driver; and
  2. (b) is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;".

(3) In section (PSV accessibility regulations)(7) for the words from "the Disabled" to the end substitute "such representative organisations as it thinks fit".

12J.—(1) In section (Accessibility certificates)(2) for "Secretary of State" substitute "Department of the Environment".

(2) In section (Accessibility certificates) for subsections (3) and (4) substitute—

"(3) Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.".

12K.—(1) In section (Approval certificates) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

(2) In section (Approval certificates)(1) for "he" substitute "it".

(3) In section (Approval certificates)(6) for "his" substitute "its".

12L. In section (Special authorisations) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

12M.—(1) In section (Reviews and appeals) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

(2) In section (Reviews and appeals)(2) for "him" substitute "it".

(3) In section (Reviews and appeals)(6) for "he" substitute "it" and for "his" substitute "its".

12N. — (1) In section (Fees) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

(2) In section (Fees)(2) for "him" substitute "it" and at the end add "of Northern Ireland".

(3) In section (Fees)(4) for "he" substitute "it".

12P. — (1) In section (Rail vehicle accessibility regulations) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

(2) In section (Rail vehicle accessibility regulations)(6) in the definition of "rail vehicle" for the words "on any railway, tramway or prescribed system" substitute "by rail".

(3) Omit section (Rail vehicle accessibility regulations)(7).

(4) In section (Rail vehicle accessibility regulations)(11) for the words from "the Disabled" to the end substitute "such representative organisations as it thinks fit".

12Q. — (1) In section (Exemption from rail vehicle accessibility regulations) for "Secretary of State" wherever it occurs substitute "Department of the Environment".

(2) In section (Exemption from rail vehicle accessibility regulations)(3) for the words "the Disabled Persons Transport Advisory Committee and such other persons as he" substitute "such persons as it" and for "he" substitute "it"

12R. Omit section (Offences by bodies corporate etc.)(3).")

The Commons agreed to this amendment with the following amendment—

141A Line 13, at end insert—

'(2A) In section (Designated transport facilities) for "Secretary of State", wherever it occurs, substitute "Department of the Environment".'.

Lord Mackay of Ardbrecknish

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 140A and 141 A.

As I am sure your Lordships know, Northern Ireland has its own separate body of legislation and administrative structure. Modifications to the provisions of the Bill in order that they fit in with existing Northern Ireland legislation and structure are set out in Schedule 6. Amendment No. 140A corrects Schedule 6 and removes a paragraph, which relates specifically to Scottish law, that is unnecessary for the Bill to operate in Northern Ireland. Amendment No. 141A corrects Schedule 6 in relation to the new clause introduced about designated transport facilities. These two technical amendments will, of course, bring all the advantages which this important piece of legislation will bring to disabled people in Great Britain to the people of Northern Ireland. I commend the amendments to your Lordships. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 140A as an amendment to Lords Amendment No. 140 and with Amendment No. 141A as an amendment to Lords Amendment No.141. —(Lord Mackay of Ardbrecknish.)

On Question, Motion agreed to.