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

Descriptions of disabled persons

5.—(1) Regulation 4 is amended as follows.

(2) For paragraph (1) substitute—

“(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 3 years old and falls within one or more of the descriptions specified in paragraph (2);

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

(3) In paragraph (2)—

(a) After “descriptions” insert “referred to in paragraph (1)(a)”;

(b) In subparagraph (b)—

(i) the words “uses a motor vehicle supplied by the Department of Social Security or the Scottish Executive or” are omitted; and

(ii) for “section 5(2)(a) of the National Health Service Act 1977”, substitute “paragraph 10(3) of Schedule 1 to the National Health Service Act 2006(1) and paragraph 10(3) of Schedule 1 to the National Health Service (Wales) Act 2006(2) ”;

(c) 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(3) 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;”.

(d) for subparagraph (e) substitute—

“(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.”.

(4) After paragraph (2) insert the following paragraphs—

“(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(4) (see sections 46(2)(a) and 142(1)).”

(1)

2006 c. 41

(2)

2006 c. 42

(3)

S.I. 2011/517

(4)

1984 c. 27