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

PART I E+W PRELIMINARY

Citation, commencement and extent E+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

I1 Reg. 1 in force at 1.4.2000, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations–

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

“the 1982 Regulations” has the meaning given by regulation 3(1);

“the 1984 Act” means the Road Traffic Regulation Act 1984(1);

“disabled person” means a person F1 ... falling within at least one of the prescribed descriptions in regulation 4;

“disabled person’s badge” means [F2 , 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 [F3 organisation] to whom a disabled person’s badge was issued;

F4 ...

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

F4 ...

“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; F5 ...

[F6 “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.]

[F7 (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.

(3) In these Regulations “relevant conviction” means–

(a) any conviction of–

(i) the holder of a disabled person’s badge; or

(ii) any other person using such a badge with the holder’s consent,

for an offence specified in paragraph (4); or

(b) any conviction of a person other than the holder of a disabled person’s badge of an offence under section 117(1) of the 1984 Act where the badge was displayed on the vehicle with the consent of the holder at any time during which the offence was being committed.

(4) The offences mentioned in paragraph (3)(a) are–

(a) any offence under section 5, 8, 11 or 16(1) of the 1984 Act so far as it relates to any contravention of or failure to comply with any provision of an order made under section 1, 6, 9 or 14 of that Act–

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act; or

(b) any offence under section 35A(1) and (2), 47(1), 53(5), 53(6) or 117(1) of that Act.

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

Textual Amendments

F1 Words in reg. 2(1) omitted (17.6.2011) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011 (S.I. 2011/1307), regs. 1, 2(2)

F2 Words in reg. 2(1) inserted (1.7.2000) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 (S.I. 2000/1507), regs. 1, 3(a)

F3 Word in reg. 2(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 3(2)

F4 Words in reg. 2(1) omitted (30.9.2007) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 3(3)

F5 Word in reg. 2(1) omitted (30.9.2007) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 3(4)

F6 Words in reg. 2(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 3(5)

F7 Reg. 2(1A) inserted (1.7.2000) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 (S.I. 2000/1507), regs. 1, 3(b)

Commencement Information

I2 Reg. 2 in force at 1.4.2000, see reg. 1(1)

[F8 Transitional provision] E+W

3.—F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (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

F8 Reg. 3 heading substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 4(3)

F9 Reg. 3(1)(2) omitted (30.9.2007) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 4(2)

Commencement Information

I3 Reg. 3 in force at 1.4.2000, see reg. 1(1)

(1)

1984 c. 27.