The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2011 No. 1307

Road Traffic, England

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011

Made

23rd May 2011

Laid before Parliament

26th May 2011

Coming into force

17th June 2011

The Secretary of State makes these Regulations in exercise of the powers conferred by section 21(2) and (6) of the Chronically Sick and Disabled Persons Act 1970(1) and now vested in him(2).

Citation and commencement

1.  These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011 and come into force on 17th June 2011.

Amendment of Regulations

2.—(1) The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000(3) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (interpretation) in paragraph (1) in the definition of “disabled person” omit “more than 2 years old and”.

(3) In regulation 4 (descriptions of disabled persons)—

(a) in paragraph (1)(b) for “2” substitute “3”; and

(b) after paragraph (2)(d) insert—

“(dd) has—

(i) received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(4) 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;”.

(4) In regulation 6 (fee for issue and period of issue of a badge) in paragraph (2)(a) for “second” substitute “third”.

Signed by authority of the Secretary of State

Norman Baker

Parliamentary Under Secretary of State

Department for Transport

23rd May 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

A disabled person’s badge (known as a “Blue Badge”) enables the holder to benefit from a range of parking concessions and exemptions from certain charges which apply to other motorists. The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (“the Principal Regulations”) make provision regarding the issue of the badges by local authorities. These Regulations amend the Principal Regulations.

These Regulations amend the description of persons to whom a disabled person’s badge may be issued to include children between the ages of 2 and 3 who fall within either or both of the descriptions specified in regulation 4(3) of the Principal Regulations (“under 3’s”). Regulation 4(3) of the Principal Regulations relates to the implications of certain medical conditions.

The Regulations also amend the description of persons to whom a disabled person’s badge may be issued to include those in receipt of a specified benefit under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 who have 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.

A full regulatory impact assessment of the effect that the under 3’s amendment will have on the costs of business and the voluntary sector is available from the Blue Badge Administration Division at the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. (It concluded that there will be no effect on business and the voluntary sector.)

(1)

1970 c.44; section 21 was amended by section 35 of the Road Traffic Act 1991 (c.40).

(2)

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

(3)

S.I. 2000/682; relevant amending instruments are S.I. 2000/1507 and S.I. 2007/2531.

(4)

S.I. 2011/517.