- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (17/06/2011)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/12/2011
Point in time view as at 17/06/2011.
There are currently no known outstanding effects for the The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000, PART II.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4.—[F1(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 [F23] years old and falls within either or both of the descriptions specified in paragraph (3).]
(2) The descriptions [F3referred 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 [F41992];
(b)F5... is in receipt of a grant pursuant to [F6paragraph 10(3) of Schedule 1 to the National Health Service Act 2006] or section 46 of the National Health Service (Scotland) Act 1978(1);
(c)is registered as blind under section 29(4)(g) of the National Assistance Act 1948(2) 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(3) including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983(4);
[F7(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;]
[F8(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)has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.
[F9(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.
(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
F1Reg. 4(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 5(2)
F2Word in reg. 4(1)(b) substituted (17.6.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011 (S.I. 2011/1307), regs. 1, 2(3)(a)
F3Words in reg. 4(2) inserted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 5(3)(a)
F4Word in reg. 4(2)(a) substituted (1.7.2000) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 (S.I. 2000/1507), regs. 1, 4
F5Words in reg. 4(2)(b) omitted (30.9.2007) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 5(3)(b)(i)
F6Words in reg. 4(2)(b) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 5(3)(b)(ii)
F7Reg. 4(2)(dd) inserted (17.6.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011 (S.I. 2011/1307), regs. 1, 2(3)(b)
F8Reg. 4(2)(e) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 5(3)(c)
F9Reg. 4(3)(4) added (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 5(4)
Commencement Information
I1Reg. 4 in force at 1.4.2000, see reg. 1(1)
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
F10Reg. 5 substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 6
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.
[F11(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 [F12third] 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
F11Reg. 6(2) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 7
F12Word in reg. 6(2)(a) substituted (17.6.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011 (S.I. 2011/1307), regs. 1, 2(4)
Commencement Information
I2Reg. 6 in force at 1.4.2000, see reg. 1(1)
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, a replacement badge may be issued with the word “duplicate” marked on the front.
(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.
Commencement Information
I3Reg. 7 in force at 1.4.2000, see reg. 1(1)
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 or under the 1982 Regulations and misuse has led to at least three relevant convictions;
(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; or
(ii)in the case of an [F13organisation], that it is an [F13organisation] 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; or
(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.
(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
F13Word in reg. 8(2)(b)(ii) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 8
Commencement Information
I4Reg. 8 in force at 1.4.2000, see reg. 1(1)
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 [F14organisational] badge, the [F15organisation] ceasing to exist;
(c)the holder of the badge ceases to be a disabled person or, in the case of an [F14organisational] badge, the [F15organisation] 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;
(f)the badge ceases to be required by the holder.
(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 at least three relevant convictions and giving particulars of that misuse; or
(b)stating that the authority is satisfied that the badge was obtained by false representation.
(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
F14Word in reg. 9(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 9(a)
F15Word in reg. 9(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 9(b)
Commencement Information
I5Reg. 9 in force at 1.4.2000, see reg. 1(1)
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.
(4) The notice of appeal shall be served on the Secretary of State either by posting it in a prepaid envelope or by delivering it by hand to the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR.
(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 F16... 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
F16Words in reg. 10(11) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 182
Commencement Information
I6Reg. 10 in force at 1.4.2000, see reg. 1(1)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys