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- Point in Time (01/04/2001)
- Original (As enacted)
Version Superseded: 01/01/2004
Point in time view as at 01/04/2001.
There are currently no known outstanding effects for the Chronically Sick and Disabled Persons Act 1970, Cross Heading: Miscellaneous provisions.
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(1)In the case of a vehicle which is an invalid carriage complying with the prescribed requirements and which is being used in accordance with the prescribed conditions—
(a)no statutory provision prohibiting or restricting the use of footways shall prohibit or restrict the use of that vehicle on a footway;
(b)if the vehicle is mechanically propelled, it shall be treated for the purposes of the [F1Road Traffic Regulation Act [F21984] and [F3the Road Traffic Act 1988 [F4, except section 22A of that Act (causing danger to road users by interfering with motor vehicles etc),] and the Road Traffic Offenders Act 1988]] as not being a motor vehicle; [F5and sections 1 to 4, [F621,34,] 163, 170 and 181 of the Road Traffic Act 1988 shall not apply to it] and
(c)whether or not the vehicle is mechanically propelled, it shall be exempted from the requirements of [F7section 83 of the Road Traffic Act 1988]
(2)In this section—
“footway” means a way which is a footway, footpath or bridleway within the meaning of [F8the Highways Act 1980]; and in its application to Scotland means a way over which the public has a right of passage on foot only or a bridleway within the meaning of section 47 of the M1Countryside (Scotland) Act 1967;
“invalid carriage” means a vehicle, whether mechanically propelled or not, constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability;
“prescribed” means prescribed by regulations made by the Minister of Transport;
“statutory provision” means a provision contained in, or having effect under, any enactment.
(3)Any regulations made under this section shall be made by statutory instrument, may make different provision for different circumstances and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P1S. 20: power exercised by S.I. 1970/1391, 1988/2268
Textual Amendments
F1Words substituted by Road Traffic Act 1972 (c. 20), Sch. 7
F2 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 10
F3Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 7(a)
F4Words in s. 20(1)(b) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 3(a); S.I. 1992/1286, art. 2, Sch.
F5Words in s. 20(1)(b) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 3(b); S.I. 1992/1286, art. 2, Sch.
F6Words inserted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 3
F7Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 7(b)
F8Words substituted (E.W.) by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 19
Marginal Citations
(1)There shall be a badge of a prescribed form to be issued by local authorities for motor vehicles driven by, or used for the carriage of, disabled persons; and—
(a)subject to the provisions of this section, the badge so issued for any vehicle or vehicles may be displayed on it or on any of them either inside or outside the area of the issuing authority; and
(b)any power under [F9Part III of Schedule 9 to the Road Traffic Regulation Act 1984] to make regulations requiring that orders under the Act shall include exemptions shall be taken to extend to requiring that an exemption given with reference to badges issued by one authority shall be given also with reference to badges issued by other authorities.
[F10(2)A badge may be issued to a disabled person of any prescribed description resident in the area of the issuing authority for one or more vehicles driven by him or used by him as a passenger.]
(4)A badge may be issued to an institution concerned with the care of the disabled for any motor vehicle or, as the case may be, for each motor vehicle kept in the area of the issuing authority and used by or on behalf of the institution to carry disabled persons of any prescribed description; F11. . ..
[F12(4A)A badge issued under this section may be displayed only in such circumstances and in such manner as may be prescribed.
(4B)A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge of a form prescribed under this section is displayed on the vehicle is guilty of an offence unless the badge is issued under this section and displayed in accordance with regulations made under it.
(4C)A person guilty of an offence under subsection (4B) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
(5)A local authority shall maintain a register showing the holders of badges issued by the authority under this section, and the vehicle or vehicles for which each of the badges is held; F13 . . .
(6)A badge issued under this section shall remain the property of the issuing authority, shall be issued for such period as may be prescribed, and shall be returned to the issuing authority in such circumstances as may be prescribed.
(7)Anything which is under this section to be prescribed shall be prescribed by regulations made by the Minister of Transport and Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and regulations so made may make provision—
(a)as to the cases in which authorities may refuse to issue badges, and as to the fee (if any) which an authority may charge for the issue or re-issue of a badge; and
(b)as to the continuing validity or effect of badges issued before the coming into force of this section in pursuance of any scheme having effect under section 29 of the M2National Assistance Act 1948 or any similar scheme having effect in Scotland; and
(c)as to any transitional matters, and in particular the application to badges issued under this section of orders made before [F14the time when] it comes into force and operating with reference to any such badges as are referred to in paragraph (b) above (being orders made, or [F14at that time] having effect as if made, under the M3Road Traffic Regulation Act 1967).
[F15(7A)Where the prescribed conditions are met in the case of any person, then—
(a)if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and
(b)if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them.
The conditions that may be prescribed for the purposes of this subsection are conditions relating to the misuse of badges issued under this section.
(7B)A notice under subsection (7A) above may be given by post.
(7C)A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect.
[F16(7CA)The Scottish Ministers may by regulations make provision for or in connection with appeals from decisions of the Scottish Ministers under subsection (7C) above.]
(7D)A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be so returned by virtue of a notice under subsection (7A) above shall be returned with the prescribed time and may not be displayed on any vehicle after that time.
(7E)Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide.]
[F17(7F)The Scottish Ministers may by regulations make such provision for or in connection with enabling badges—
(a)issued under such provision of the law of Northern Ireland as corresponds to this section; or
(b)issued by any member State other than the United Kingdom for purposes corresponding to the purposes for which badges under this section are issued,
to be treated for such purposes as may be specified in the regulations as if they were badges issued under this section.
(7G)Any regulations under subsections (7CA) and (7F) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]
(8)The local authorities for purposes of this section shall be the common council of the City of London, the council of a county [F18or Metropolitan district] . . . F19 in England F20. . . or of a London borough [F21, the council of a Welsh county or county borough] and [F22, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and in this section “motor vehicle” has the same meaning as in the Road Traffic Regulation Act [F231984].
(9)This section shall come into operation on such date as the Minister of Transport and Secretary of State may by order made by statutory instrument appoint.
Subordinate Legislation Made
P2S. 21: for previous exercises of powers see Index to Government Orders
P3S. 21(9) power exercised: 1.12.1971 appointed for s. 21 by S.I. 1971/1491
Textual Amendments
F9Words in s. 21(1)(b) substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 11(a)
F10S. 21(2) substituted (1.10.1991) for s. 21(2)(3) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(2); S.I. 1991/2054, art. 3, Sch.
F11Words in s. 21(4) repealed (2.3.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(3), 83, Sch. 8; S.I. 1992/199, art. 3(1)
F12S. 21(4A)(4B)(4C) inserted (2.3.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 35(4); S.I. 1992/199, art. 3(1)
F13Words in s. 21(5) repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(5), 83, Sch. 8; S.I. 1991/2054, art. 3, Sch.
F14Words in s. 21(7)(c) inserted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 11(b)
F15S. 21(7A)–(7E) inserted by Transport Act 1982 (c. 49, SIF 107:1), s. 68
F16S. 21(7CA) inserted (S.) (1.4.2001) by 2001 asp 2, s. 73(c) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions in arts. 3, 4)
F17S. 21(7F)(7G) inserted (S.) (1.4.2001) by 2001 asp 2, s. 73(d) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions in arts. 3, 4)
F18Words in s. 21(8) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 5 Pt. I para. 1
F19Words in s. 21(8) repealed by Local Government Act 1972 (c. 70), Sch. 30
F20Words in s. 21(8) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), 66(8), Sch. 10 para. 8, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2
F21Words in s. 21(8) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F22Words in s. 21(8) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 86; S.I. 1996/323, art. 4(1)(b)(c)
F23 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 11(c)
Modifications etc. (not altering text)
C1S. 21(7): modification of functions (24.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 4
Marginal Citations
The Secretary of State shall as respects each year lay before Parliament a report on the progress made during that year in research and development work carried out by or on behalf of any Minister of the Crown in relation to equipment that might increase the range of activities and independence or well-being of disabled persons, and in particular such equipment that might improve the indoor and outdoor mobility of such persons.
(1)The M4Pensions Appeal Tribunals Act 1943 shall have effect with the amendments specified in the subsequent provisions of this section.
(2)In section 5—
(a)so much of subsection (1) as prevents the making of an appeal from an interim assessment of the degree of a disablement before the expiration of two years from the first notification of the making of an interim assessment (that is to say, the words from “if” to “subsection” where first occurring, and the words “in force at the expiration of the said period of two years”) is hereby repealed except in relation to a claim in the case of which the said first notification was given before the commencement of this Act;
(b)in second paragraph of subsection (1) (which defines “interim assesment”for the purposes of that subsection), for the words “this subsection” there shall be substituted the words “this section”;
(c)in subsection (2) (which provides for an appeal to a tribunal from a Ministerial decision or assessment purporting to be a final settlement of a claim) at the end there shall be added the words “and if the Tribunal so set aside the Minister’s decision or assessment they may, if they think fit, make such interim assessment of the degree or nature of the disablement, to be in force until such a date not later than two years after the making of a Tribunal’s assessment, as they think proper”;
(d)subsection (3) (which makes provision as to the coming into operation of section 5) is hereby repealed.
(3)In section 6, after subsection (2) there shall be inserted the following subsection—
“(2A)where, in the case of such a claim as is referred to in section 1, 2, 3 or 4 of this Act—
(a)an appeal has been made under that section to the Tribunal and that the appeal has decided (whether with or without an appeal under subsection (2) of this section from the Tribunal’s decision); but
(b)subsequently, on an application for the purpose made (in like an application for leave to appeal under the said subsection (2) jointly by the appellant and the Minister, it appears to be the appropriate authority (that is to say, the person to whom under rules made under the Schedule to this Act any application for directions on any matter arising in connection with the appeal to the Tribunal fell to be made) to be proper so to do —
(i)by reason of the availability of additional evidence; or
(ii)(except where an appeal from the Tribunal’s decision has been made under the said subsection (2)),on the ground of the Tribunal’s decision being erroneous in point of law,
the appropriate authority may, if he thinks fit, direct that the decision on the appeal to the Tribunal be treated as set aside and the appeal from the Minister’s decision be heard again by the Tribunal”.
(4)In subsection (3) of section 6 (under which, subject to subsection (2) of that section, a tribunal’s decision is final and conclusive) for the words “subject to the last foregoing subsection”there shall be substituted the words “subject to subsections (2) and (2A) of this section”.
(5)In consequence of the M5Secretary of State for Social Services Order 1968, in section 12(1), for the definition of “the Minister” there shall be substituted the following:—
““the Minister”means the Secretary of State for Social Services”.
(6)This section extends to Northern Ireland.
Modifications etc. (not altering text)
C2The text of s. 23(2)(b)—(d)(3) and (4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
The Secretary of State shall collate and present evidence to the Medical Research Council on the need for an institute for hearing research, such institute to have the general function of co-ordinating and promoting research on hearing and assistance to the deaf and hard of hearing.
Textual Amendments
F24Ss. 25–27 repealed (E.W.S.) by (S.) Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5 and (E.W.) Education Act 1981 (c. 60, SIF 41:1), s. 20(2) Sch. 4
Where it appears to the Secretary of State to be necessary or expedient to do so for the proper operation of any provision of this Act, he may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament,
make provision as to the interpretation for the purposes of that provision of any of the following expressions appearing therein, that is to say, “chronically sick”, “chronic illness”, “disabled” and “disability”.
Modifications etc. (not altering text)
C3S. 28 amended (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 120(4)
C4S. 28 extended (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 105(5), 164(5) (with s. 167(4)(5)); S.I. 1992/1671, art. 2,Sch.; S.I. 1992/1686, art. 3,Sch.
C5S. 28 extended (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 82(4); S.I. 1991/2054, art.3, Sch.
This Act applies with respect to disabled children in relation to whom a local authority have functions under Part III of the Children Act 1989 as it applies in relation to persons to whom section 29 of the National Assistance Act 1948 applies.]
Textual Amendments
F25S. 28A inserted (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 27; S.I. 1991/828, art. 3(2)
(1)This Act may be cited as the Chronically Sick and Disabled Persons Act 1970.
[F26(2)Sections 1 and 2(1) of this Act shall apply to Scotland so however that—
[F27X1(a)any references to functions under section 29 of the National Assistance Act M61948 shall be construed as references to duties to—
(i)chronically sick or disabled persons; or
(ii)persons suffering from mental disorder,
(being persons in need) to whom section 12 of the Social Work (Scotland) Act M71968 applies [F28except that in case of persons under eighteen years of age such references shall instead be construed as references to duties to disabled children (within the meaning of Chapter 1 of Part II of the Children (Scotland) Act 1995)];]
[F29(b)any references to services provided under arrangements made by a local authority under the said section 29 shall be construed as references to services for—
(i)such chronically sick or disabled, or such mentally disordered, persons provided by virtue of the said section 12; or
(ii)such disabled children provided under section 23(1) of the said Act of 1995,
by a local authority;]
(c)in section 2(1) as originally enacted—
(i)the words “who is ordinarily resident in their area” shall be omitted;
(ii)for the words from “notwithstanding” to “that Act” where those words secondly occur there shall be substituted the words “subject to the provisions of section 5 of the said Act of 1968 (which requires local authorities to exercise their functions under that Act”.]
(3)Save as otherwise expressly provided by sections 9, 14 and 23, this Act does not extend to Northern Ireland.
(4)This Act shall come into force as follows:—
(a)sections 1 and 21 shall come into force on the day appointed thereunder;
(b)sections 4, 5, 6, 7 and 8 shall come into force at the expiration of six months beginning with the date this Act is passed;
(c)the remainder shall come into force at the expiration of three months beginning with that date.
Editorial Information
X1S. 29(2)(a) containing paras. (i) and (ii) substituted (S.) for s. 29(2)(a) first appearing by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 103), s. 12(1)
Textual Amendments
F26S. 29(2) substituted by Chronically Sick and Disabled Persons (Scotland) Act 1972 (c. 51), s. 1(1)
F27S. 29(2)(a) containing paras. (i) and (ii) substituted (S.) for s. 29(2)(a) first appearing by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 103), s. 12(1)
F28Words in s. 29(2)(a) added (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(3)(a) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)
F29S. 29(2)(b) substituted (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(3)(b) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)
Marginal Citations
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