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The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

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Statutory Instruments

2000 No. 682

ROAD TRAFFIC, ENGLAND

The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

Made

9th March 2000

Laid before Parliament

10th March 2000

Coming into force

1st April 2000

The Secretary of State, in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 1970(1), now vested in him(2), and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 21(7E) of that Act, hereby makes the following Regulations:

PART IE+WPRELIMINARY

Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 and shall come into force on 1st April 2000.

(2) These Regulations extend to England.

Commencement Information

I1Reg. 1 in force at 1.4.2000, see reg. 1(1)

InterpretationE+W

2.—(1) In these Regulations–

“the 1970 Act” means the Chronically Sick and Disabled Persons Act 1970;

F1...

“the 1984 Act” means the Road Traffic Regulation Act 1984(3);

[F2“date of issue” means the date on which a disabled person’s badge is first valid for use;]

“disabled person” means a person F3... falling within at least one of the prescribed descriptions in regulation 4;

“disabled person’s badge” means [F4, subject to paragraph (1A),] a badge in the form prescribed by regulation 11 issued by a local authority for display on a motor vehicle driven by a disabled person, or used for the carriage of a disabled person, and includes a replacement badge issued in accordance with regulation 7;

“disabled person’s concession” has the meaning given by section 117(3) of the 1984 Act;

“holder”, in relation to a disabled person’s badge, means the individual or [F5organisation] to whom a disabled person’s badge was issued;

[F6“independent mobility assessor” means a person (“person A”) who at the time of any assessment of another person (“person B”) for the purposes of the certification referred to in regulation 4(2)(f)—

(a)

is recognised by the local authority to which the application for a disabled person’s badge is being made as—

(i)

holding a professional qualification, the obtaining of which involved person A being trained in the assessment of a person’s ability to walk; and

(ii)

having the expertise necessary to assess on behalf of the local authority the ability to walk of person B;

(b)

has never been employed or engaged as a provider of medical services to person B where “medical services” includes all forms of medical treatment and investigations to establish whether treatment is needed but does not include an assessment conducted to establish whether person B is eligible for services provided by a local authority (including the provision of a disabled person’s badge); and

(c)

is not, in the opinion of the local authority, precluded by reason of personal or commercial relationship with person B from providing an independent assessment of person B’s ability to walk;]

F7...

“individual’s badge” means a disabled person’s badge issued to an individual disabled person;

F7...

“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; F8...

[F9“local authority” means a county council, district council, the Council of the Isles of Scilly, a London borough council or the Common Council of the City of London;

“organisation” means an organisation concerned with the care of disabled persons to which a disabled person’s badge may be issued in accordance with section 21(4) of the 1970 Act; and

“organisational badge” means a disabled person’s badge issued to an organisation.]

[F10(1A) For the purposes of regulations 12 to 16, the definition of “disabled person’s badge” in paragraph (1) shall include a badge issued under regulations having effect in Scotland or Wales under section 21 of the Chronically Sick and Disabled Persons Act 1970.]

(2) In these Regulations a reference to an order made under any provision of the 1984 Act is to an order made, or having effect as if made, under that provision including an order varying or revoking an order made or having effect as if made under that Act.

[F11(3) In these Regulations “relevant conviction” means any conviction for an offence specified in paragraph (4) committed in relation to a disabled person’s badge of—

(a)the holder of that badge; or

(b)any other person using that badge with the knowledge of the holder at any time during which the offence was being committed.]

[F12(4) The offences mentioned in paragraph (3) are any offence—

(a)under section 21(4B) of the 1970 Act;

(b)under section 115 or 117 of the 1984 Act; or

(c)involving dishonesty or deception under any other provision of the 1970 Act, of the 1984 Act or of any other legislation applicable in the United Kingdom, or any part of the United Kingdom.]

(5) Any notice given under these Regulations shall be in writing.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.4.2000, see reg. 1(1)

[F13Transitional provision]E+W

3.—F14(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any order made under the 1984 Act which refers to a disabled person’s badge shall, in relation to times falling after the coming into force of these Regulations, have effect as if the reference included a reference to a badge issued, or having effect as if issued, in accordance with these Regulations.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.4.2000, see reg. 1(1)

PART IIE+WISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled personsE+W

4.—[F15(1) The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are—

(a)a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);

(b)a person who is not more than [F163] years old and falls within either or both of the descriptions specified in paragraph (3).]

(2) The descriptions [F17referred to in paragraph (1)(a)] are a person who–

(a)receives the higher rate of the mobility component of the disability living allowance in accordance with section 73 of the Social Security and Benefits Act [F181992];

(b)F19... is in receipt of a grant pursuant to [F20paragraph 10(3) of Schedule 1 to the National Health Service Act 2006] or section 46 of the National Health Service (Scotland) Act 1978(4);

(c)is registered as blind under section 29(4)(g) of the National Assistance Act 1948(5) or, in Scotland, is a blind person within the meaning of section 64(1) of that Act;

(d)receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(6) including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983(7);

[F21(dd)has—

(i)received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 within tariff levels 1 to 8 (inclusive); and

(ii)been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking;]

[F22(e)drives a vehicle regularly, has a severe disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;]

(f)[F23subject to paragraph (3A), has been certified by an independent mobility assessor as having] a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

[F24(3) The descriptions referred to in paragraph (1)(b) are—

(a)a child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty;

(b)a child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.

[F25(3A) A person is to be deemed to be within the description set out in paragraph (2)(f) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.]

(4) In this regulation—

(a)“bulky medical equipment” includes in particular any of the following—

(i)ventilators;

(ii)suction machines;

(iii)feed pumps;

(iv)parenteral equipment;

(v)syringe drivers;

(vi)oxygen administration equipment;

(vii)continual oxygen saturation monitoring equipment; and

(viii)casts and associated medical equipment for the correction of hip dysplasia; and

(b)“parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)).]

Textual Amendments

Commencement Information

I4Reg. 4 in force at 1.4.2000, see reg. 1(1)

[F26Organisational badgesE+W

5.  An organisational badge may be issued to an organisation for a motor vehicle which is to be used to carry disabled persons falling within one or more of the descriptions specified in regulation 4(2) or (3).]

Textual Amendments

Fee for issue and period of issue of a badgeE+W

6.—(1) The fee (if any) which a local authority may charge for the issue of a disabled person’s badge is a fee not exceeding £2 [F27in the case of badges which have a date of issue before 1st January 2012 and £10 in the case of badges which have a date of issue on or after 1st January 2012].

[F28(2) Subject to regulations 7(2) and 9, a disabled person’s badge shall be issued—

(a)to a person falling within the description specified in regulation 4(1)(b), for a period ending on the day immediately following that person’s [F29third] birthday;

(b)to a person falling within the description specified in regulation 4(2)(a) or 4(2)(d), for whichever is the shorter of—

(i)the period of 3 years which begins with the date of issue; or

(ii)the period which begins with the date of issue and ends on the date on which that person will cease to receive the higher rate of the mobility component of the disability living allowance or the mobility supplement;

(c)to a person not falling within subparagraph (a) or (b) for a period of 3 years beginning with the date of issue.]

Textual Amendments

Commencement Information

I5Reg. 6 in force at 1.4.2000, see reg. 1(1)

Replacement badgesE+W

7.—(1) When a disabled person’s badge (“the original badge”) has been lost, stolen or destroyed, or has become so damaged or faded as no longer to be adequately legible when displayed on a vehicle [F30or which otherwise prevents it from being identified correctly or distinguished from a forgery], a replacement badge may be issued [F31in a form which identifies by consecutive numbering each successive badge issued to the disabled person or organisation (as the case may be) by the issuing authority].

(2) A replacement badge shall be valid from the date of issue until such time as the original badge would have ceased to be valid.

Textual Amendments

Commencement Information

I6Reg. 7 in force at 1.4.2000, see reg. 1(1)

Grounds for refusal to issue a badgeE+W

8.—(1) A local authority may refuse to issue a badge on any of the grounds specified in paragraph (2).

(2) The grounds are–

(a)the applicant holds or has held a badge issued under these Regulations F32... and misuse has led to [F33a relevant conviction];

(b)the applicant fails to provide the local authority with adequate evidence–

(i)in the case of an individual, that he is a person to whom one of the descriptions prescribed by regulation 4 applies [F34or that he is resident in the area of that local authority]; or

(ii)in the case of an [F35organisation], that it is an [F35organisation] eligible to apply for a disabled person’s badge in accordance with regulation 5;

(c)the applicant fails to pay the fee (if any) chargeable for the issue of a badge; F36...

(d)the local authority has reasonable grounds for believing that the applicant–

(i)is not the person that he claims to be; or

(ii)would permit another person to whom the badge was not issued to display it on a motor vehicle.

[F37(e)in the case of an application made pursuant to regulation 4(2)(f), a report by an independent mobility assessor stating that one of the criteria specified in that provision is satisfied has not been made available to the local authority in a form satisfactory to the local authority; or]

[F38(f)the applicant already holds a valid badge which has been issued by another issuing authority.]

(3) Where a local authority receives an application for a disabled person’s badge and refuses to issue one, it shall give the applicant particulars of the grounds of refusal in its notice of determination.

Textual Amendments

Commencement Information

I7Reg. 8 in force at 1.4.2000, see reg. 1(1)

Return of badge to issuing authorityE+W

9.—(1) A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–

(a)the expiry of the period for which the badge was issued;

(b)the death of the holder or, in the case of an [F39organisational] badge, the [F40organisation] ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an [F39organisational] badge, the [F40organisation] ceases to be eligible under regulation 5;

(d)a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;

(e)the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle [F41or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery];

(f)the badge ceases to be required by the holder [F42or another valid badge is issued to the holder by another issuing authority].

(2) Subject to the provisions of regulation 10, a disabled person’s badge shall, within the prescribed period, be returned to the issuing authority if the authority gives to the holder a notice–

(a)stating that the authority refuses to allow the badge to continue in use on account of its misuse leading to [F43a relevant conviction] and giving particulars of that misuse; or

(b)stating that the authority is satisfied that the badge was obtained by false representation [F44or that the holder has purported to transfer the badge to another person].

(3) For the purposes of paragraph (2) the prescribed period is–

(a)where no appeal is made in accordance with regulation 10, the period of 28 days beginning with the day on which the notice under paragraph (2) was issued;

(b)where an appeal is made in accordance with regulation 10(1) and the appeal is not allowed and no further appeal is made under regulation 10(11), the period of 28 days beginning with the day on which the Secretary of State gives notice of his determination of the appeal.

(c)where any appeal is made in accordance with regulation 10(11) and the appeal is not allowed, the period of 28 days beginning with the day on which the magistrates' court gives notice of its determination of the appeal.

(4) The issuing authority may take such action as may be appropriate to recover a disabled person’s badge which the holder is liable to return in accordance with this regulation.

Textual Amendments

Commencement Information

I8Reg. 9 in force at 1.4.2000, see reg. 1(1)

AppealsE+W

10.—(1) An applicant for a disabled person’s badge whose application has been refused on the ground specified in regulation 8(2)(a) or the holder of a badge who has been required to return it in accordance with regulation 9(2) may appeal to the Secretary of State against the determination of the local authority in accordance with this regulation.

(2) The appeal shall be made by notice given within the period of 28 days beginning with the date on which the notice of the determination is given and the procedure specified in the following provisions of this regulation shall apply, except that, if the Secretary of State considers it appropriate in the circumstances of a particular case, he may determine an appeal even though the provisions of paragraphs (3) to (5) have not been complied with.

(3) The notice of appeal shall be dated and signed by the appellant (or by a person authorised to sign on his behalf) and shall state the grounds of appeal.

F45(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) On receipt of the appeal the Secretary of State shall send a copy of it to the local authority against whose determination the appeal is made and, within the period of 28 days beginning with the date of the notice of appeal, the local authority shall send to the Secretary of State and the appellant–

(a)a copy of the notice issued by it to the appellant in accordance with regulation 8(3) or 9(2); and

(b)any representation that it wishes the Secretary of State to take into account in determining the appeal.

(6) The appellant may make representations by way of reply to any representations made by the local authority within the period of 28 days beginning with the date of those representations.

(7) Any representations made by the local authority or the appellant shall be signed and dated and submitted to the Secretary of State on the date they bear.

(8) The Secretary of State may in a particular case give directions setting later time limits than those prescribed by these Regulations.

(9) When the Secretary of State determines an appeal he shall–

(a)give notice to the appellant of his determination and of the reasons for it; and

(b)send a copy of the notice to the local authority.

(10) If the Secretary of State refuses an appeal and a further appeal is not made under paragraph (11) the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).

(11) A person aggrieved by notice given by the Secretary of State under paragraph (9) may, within the period of 28 days beginning with the day on which that notice is given, appeal to a magistrates' court F46... and the court may confirm, vary or quash the notice as it thinks fit, and make such order in the matter as it considers appropriate, and the determination of the court on any such appeal shall be binding on all the parties, and shall be final.

(12) If the magistrates' court refuses an appeal the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).

(13) In this regulation references to representations include a reference to supporting documents.

Textual Amendments

Commencement Information

I9Reg. 10 in force at 1.4.2000, see reg. 1(1)

PART IIIE+WFORM AND DISPLAY OF BADGES

[F47Form of badgeE+W

11.—(1) Paragraph (2) applies in respect of a badge with a date of issue before 1st January 2012 and paragraph (3) applies in respect of a badge with a date of issue on or after that date.

(2) A disabled person’s badge is in the prescribed form if—

(a)the front and reverse of the badge are in the form shown in—

(i)Part 1 of the Schedule in the case of an individual’s badge; or

(ii)Part 2 of the Schedule in the case of an organisational badge; and

(b)the badge complies with the specifications in Part 3 of the Schedule.

(3) A disabled person’s badge is in the prescribed form if—

(a)the front and reverse of the badge are in the form shown in—

(i)Part 1A of the Schedule in the case of an individual’s badge (with the omission of the word “sample” where it appears); or

(ii)Part 2A of the Schedule in the case of an organisational badge (with the omission of the word “sample” where it appears); and

(b)the badge complies with the specifications in Part 3A of the Schedule.]

Textual Amendments

Manner in which a badge is to be displayedE+W

12.  For the purposes of section 21(4A) of the 1970 Act a disabled person’s badge is displayed on a vehicle in the prescribed manner if–

(a)the badge is exhibited on the dashboard or facia of the vehicle, or

(b)where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,

so that the front of the badge is clearly legible from the outside of the vehicle.

Commencement Information

I10Reg. 12 in force at 1.4.2000, see reg. 1(1)

Display of an individual’s badge when a vehicle is being drivenE+W

13.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual’s badge may be displayed while a vehicle is being driven.

(2) An individual’s badge may be displayed on a vehicle while the holder is either driving or being carried in it.

(3) An individual’s badge may also be displayed on a vehicle if–

(a)the vehicle is being used for the collection of the holder and no other purpose;

(b)a disabled person’s concession (other than a concession relating to parking) would be available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not be practicable for the vehicle to be lawfully driven to, or to stop at, the place at which the holder is to be collected if the concession did not apply to the vehicle.

(4) An individual’s badge may be displayed on a vehicle if–

(a)the vehicle, after being driven by or carrying the holder, is leaving the place where he got out;

(b)a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not have been practicable for the vehicle to have left that place if the concession did not apply to the vehicle.

Commencement Information

I11Reg. 13 in force at 1.4.2000, see reg. 1(1)

Display of an individual’s badge when a vehicle is parkedE+W

14.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual’s badge may be displayed while a vehicle is parked.

(2) An individual’s badge may be displayed on a vehicle while it is parked if it–

(a)has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or

(b)is to be driven by the holder, or is to be used to carry the holder, from that place.

Commencement Information

I12Reg. 14 in force at 1.4.2000, see reg. 1(1)

[F48Display of an organisational badge when a vehicle is being driven]E+W

15.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an [F49organisational] badge may be displayed while a vehicle is being driven.

(2) An [F49organisational] badge may be displayed on a vehicle while it is being driven by or on behalf of the holder and is carrying a disabled person.

(3) An [F49organisational] badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and–

(a)the vehicle is being used for the collection of a disabled person and for no other purpose;

(b)a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not have been practicable for the vehicle to be lawfully driven to or to stop at the place at which the disabled person is to be collected if that concession did not apply to the vehicle.

(4) An [F49organisational] badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and–

(a)the vehicle, after carrying a disabled person, is leaving the place where he got off;

(b)a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not have been practicable for the vehicle to have left that place if the concession had not applied to the vehicle.

Textual Amendments

Commencement Information

I13Reg. 15 in force at 1.4.2000, see reg. 1(1)

[F50Display of an organisational badge when a vehicle is parked]E+W

16.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an [F51organisational] badge may be displayed while a vehicle is parked.

(2) An [F51organisational] badge may be displayed on a vehicle while it is parked if it has been, or is to be, used by or on behalf of the holder for carrying a disabled person to or from the place where it is parked.

Textual Amendments

Commencement Information

I14Reg. 16 in force at 1.4.2000, see reg. 1(1)

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

Keith Hill

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

9th March 2000

(Regulation 11)

THE SCHEDULEE+W

[F52Part IE+WIndividual’s Badge [F53(with a date of issue before 1st January 2012)]]

Textual Amendments

[F54PART 1AE+WINDIVIDUAL’S BADGE (WITH A DATE OF ISSUE ON OR AFTER 1ST JANUARY 2012)]

Textual Amendments

[F55Part IIE+W Organisational Badge [F56(with a date of issue before 1st January 2012)]]

Textual Amendments

[F57PART 2AE+WORGANISATIONAL BADGE (WITH A DATE OF ISSUE ON OR AFTER 1ST JANUARY 2012)]

Textual Amendments

Part IIIE+WSpecifications for Badge [F58(with a date of issue before 1st January 2012)]

Textual Amendments

Commencement Information

I15Sch. Pt. III in force at 1.4.2000, see reg. 1(1)

The badge shall be–

(a)106 millimetres in height;

(b)148 millimetres in width;

(c)the background on the front and reverse sides of the badge shall be coloured light blue and shall include a background of wheelchair symbols;

(d)the [F59larger] square box containing the wheelchair symbol and the rectangular box containing the country identifier shall be coloured dark blue. All other boxes on the badge shall be coloured white [F60, except the smaller square box containing the wheelchair symbol which shall display a hologram which alternates between that symbol and the identifier].

Textual Amendments

[F61PART 3AE+WSPECIFICATIONS FOR BADGES (WITH A DATE OF ISSUE ON OR AFTER 1ST JANUARY 2012)

Textual Amendments

1.  All BadgesE+W

The specifications applicable to all badges are as follows—

(a)the badge shall be 106 millimetres in height, 148 millimetres in width (with 5mm radius rounded corners) and 720 microns in thickness, with height and width tolerances of plus or minus 1 millimetre and a thickness tolerance of plus or minus 20 microns;

(b)the badge shall be printed on white polyvinyl chloride core sheets and all print shall be fused with clear plastic outer layers;

(c)the badge shall be printed with a unique serial number, comprising a series of numbers and letters that identify key information about the badge and the holder, including the consecutive number of each replacement badge issued to the badge holder by the issuing authority;

(d)the background on the front and reverse sides of the badge shall be lithographically security printed to include fine line guilloche, numismatics, variable width text workings and other fine line structures which are consistent with paragraph (l);

(e)a security printed, tamper evident background shall be printed in the boxes which identify the expiry date and number of the badge and the name of the holder;

(f)micro text features which are only visible under magnification shall be printed on the front and reverse sides of the badge;

(g)embossed tactile and Braille features (which incorporate visual, line structure patterns) shall be included on the front side of the badge, without any corresponding indentation on the reverse side of the badge;

(h)the wheelchair user symbol that appears on the front side of the badge shall be a security hologram enclosed within a square with sides each measuring 30 millimetres, incorporating an image flip, micro-text, nano-text, a separate nano-feature and the design of the wheelchair logo against a background of the words “blue badge”;

(i)the rear side of the badge shall contain a variable bar code which identifies the expiry date of the badge;

(j)the coloured block which appears on the front side of all badges issued during any calendar year shall be a consistent year identifier colour which differs substantially from the colours used in prior calendar years;

(k)the badge shall be constructed so that it is heat resistant and stable to a temperature of at least 120 degrees Celsius (and a local authority shall satisfy itself that badges it proposes to issue are compliant with this requirement (before issuing any such badges) by obtaining a report verifying such compliance (by reference to a sample badge) from an appropriate body);

(l)the badge shall include such additional security features as will further mitigate the risk of forgery by, so far as practicable, preventing the badge from being copied readily and allowing genuine badges to be distinguished from forgeries.

For the purposes of paragraph (k) an “appropriate body” means a body accredited to Standard ISO 9001:2008 (Quality Management Systems) (prepared by the International Organization for Standardization) and which, in the opinion of the local authority, has the necessary expertise to provide the report.

2.  Individual’s BadgesE+W

The additional specifications applicable to an individual’s badge are as follows—

(a)Subject to paragraphs (b) and (c), the rear side of an individual’s badge shall contain a close-up digital photograph of the head and shoulders of the badge holder. The photograph shall have a strong definition between face and background and shall be—

(i)in colour;

(ii)45 millimetres in height and 35 millimetres in width (passport size);

(iii)taken—

(aa)within the month prior to the date of the application;

(bb)against a light grey or cream background;

(iv)undamaged;

(v)free from ‘redeye’, shadows, reflection or glare from spectacles;

(vi)of the full head of the holder (without any other person visible or any covering, unless it is worn for religious beliefs or medical reasons)—

(aa)facing forward;

(bb)with nothing covering the face;

(cc)looking straight at the camera;

(dd)with a neutral expression and mouth closed;

(ee)with eyes open and clearly visible (without sunglasses or tinted spectacles and without hair or spectacle frames obscuring the eyes);

(vii)in sharp focus and clear;

(viii)printed professionally or in digital format;

(ix)a true likeness, without amendment.

(b)Paragraph (a) does not apply to a badge issued pursuant to an application made by a disabled person if the issuing authority is satisfied that the estimated life expectancy of that person is less than six months from the date of the application, in which case the space that would otherwise include a photograph shall contain a copy of the flag that appears on the front of the badge.

(c)Paragraphs (a)(vi)(cc) and (a)(vi)(dd) do not apply to photographs of children aged five years and under.

(d)The variable bar code on the rear side of the badge shall identify the year of birth and (in code) the gender of the holder.

(e)The serial number printed on the badge shall identify the month and year of birth and (in code) the gender of the holder.

3.  Organisational BadgesE+W

The additional specifications applicable to an organisational badge are as follows—

The reverse side of an organisational badge shall contain a colour copy of the logo (if any) of the organisation, which shall be 45 millimetres in height and 35 millimetres in width. If the organisation does not have a logo, the space that would otherwise include the logo shall contain a copy of the flag that appears on the front of the badge.]

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, in relation to England the Disabled Persons (Badges for Motor Vehicles) Regulations 1982. They consolidate those Regulations with modifications in their application to England.

Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities recommends the use of a Community-model parking card for people with disabilities.These Regulations provide for the new form of disabled person’s badge to be issued in England.

Regulation 2 provides certain definitions.

Regulation 3 disapplies the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 in relation to England and makes transitional provisions in relation to applications made or other things done under the 1982 Regulations.

Regulation 4 prescribes the descriptions of disabled persons to whom a badge may be issued. They include persons–

(a)who receive the higher rate of the mobility component of the disability living allowance;

(b)who use specially supplied motor vehicles;

(c)are registered blind;

(d)receive a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983;

(e)drive motor vehicles regularly and have severe disability in both upper limbs and are unable to turn by hand the steering wheel of a motor vehicle; or

(f)have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking. Regulation 5 provides for the issue of a badge to an institution for a motor vehicle used to carry disabled persons.

Regulation 6 provides that a local authority may not charge a fee of more than £2 for issuing a badge. Subject to regulations 7(2) and 9, a badge is to be issued for three years.

Regulation 7 provides for the issue of replacement badges where the original badge has been lost, stolen or destroyed or has become badly damaged or faded.

Regulation 8 prescribes the cases in which a local authority may refuse to issue a badge. Those grounds are–

(a)the applicant holds or has held a badge and misuse led to at least three relevant convictions;

(b)the applicant fails to provide the local authority with adequate evidence as to his or its eligibility;

(c)the applicant fails to pay any fee for the issue of a badge; or

(d)the local authority has reasonable grounds for believing the applicant is not the person he claims to be or would permit another person to whom the badge was not issued to display it on a motor vehicle.

Regulation 9 prescribes the circumstances in which a badge shall be returned. These circumstances include the authority giving the holder notice of the misuse of the badge which led to at least three relevant convictions.

Regulation 10 provides for appeals to the Secretary of State in certain circumstances against decisions of local authorities to issue a badge or to require the return of one. Regulation 10 also provides for appeals to the magistrates' court acting for the petty sessions area in which the applicant for a badge resides.

Regulation 11 prescribes the form of a badge by reference to the Schedule.

Regulation 12 prescribes the manner in which a badge is to be displayed.

Regulation 13 prescribes the circumstances in which an individual’s badge may be displayed while a vehicle is being driven.

Regulation 14 prescribes the circumstances in which an individual’s badge may be displayed while a vehicle is parked.

Regulation 15 prescribes the circumstances in which an institutional badge may be displayed while a vehicle is being driven.

Regulation 16 prescribes the circumstances in which an institutional badge may be displayed while a vehicle is parked.

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 are of related interest. They replace the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986, in relation to England.

Copies of relevant Regulations can be obtained from the Stationery Office.

(1)

1970 c. 44; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 30; the Local Government (Scotland) Act 1973 (c. 65), Schedule 14; the Transport Act 1982 (c. 49), section 68; the Road Traffic Regulation Act 1984 (c. 27), Schedule 13, paragraph 11; the Local Government Act 1985 (c. 51), Schedule 5; the Road Traffic Act 1991 (c. 40), section 35, Schedule 8; the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 8; and the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 86.

(2)

See S.I. 1970/1681, 1979/571 and 1981/238.

Yn ôl i’r brig

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