Commentary on Sections Section 5: Application of sections 19 to 21 of the 1995 Act to transport vehicles
75.Section 5 inserts a new section 21ZA into the DDA. Paragraph 13(3) of Schedule 1 removes the existing exclusion of transport services from sections 19 to 21 of the DDA. This is replaced by the more precise exclusion in new section 21ZA(1) and (2), i.e. one relating only to transport services consisting of the provision and use of a vehicle. Section 21ZA(3) then confers a regulation-making power to enable such services to be brought within the scope of those sections (which make it unlawful to discriminate against a disabled person in the provision of goods, facilities and services). This will enable those sections to be applied in whole or in part to different transport vehicles at different times.
76.Section 21ZA(1) excludes, subject to section 21ZA(3), transport services which involve the provision or use of a vehicle from the provisions of section 19(1)(a), (c) or (d) of the DDA. Under section 21ZA(1)(a), discrimination is excluded if it arises through the provision, or non-provision, of a vehicle. Under section 21ZA(1)(b), discrimination is excluded if it arises through the provision, or non-provision, of services to a person whilst travelling in a vehicle. This would, for example, apply to the sale of tickets on board a train.
77.Section 21ZA(2) excludes, subject to section 21ZA(3), transport services which involve the provision or use of a vehicle from the provisions of section 21(1), (2) and (4) of the DDA (duty to provide adjustments). It specifies that it will not be reasonable for the service provider to have to take steps which would involve altering or removing a physical feature of a transport vehicle. It also specifies that it will not be reasonable to require a transport operator to have to take steps affecting whether vehicles are provided or what type of vehicle is provided, or to have to take steps affecting the services provided within a vehicle.
78.Section 21ZA(3) provides a power to make regulations to disapply the exclusion in sections 21ZA(1) and (2). This power will enable the exclusion to be lifted in respect of different types of vehicle at different times. Furthermore, it will enable the exclusion to be lifted for particular types of service within generic modes of transport at different times. For example, the exclusion could be lifted for all public transport vehicles at a particular time, but applied to aviation and marine vehicles at a later date if considered necessary.