PART IE+WPRELIMINARY

Citation, commencement and extentE+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

InterpretationE+W

2.—(1) In these Regulations–

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

F1...

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

[F2“date of issue” means the date on which a disabled person’s badge is first valid for use;]

“disabled person” means a person F3... falling within at least one of the prescribed descriptions in regulation 4;

“disabled person’s badge” means [F4, 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 [F5organisation] to whom a disabled person’s badge was issued;

[F6“independent mobility assessor” means a person (“person A”) who at the time of any assessment of another person (“person B”) for the purposes of the certification referred to in regulation 4(2)(f)—

(a)

is recognised by the local authority to which the application for a disabled person’s badge is being made as—

(i)

holding a professional qualification, the obtaining of which involved person A being trained in the assessment of a person’s ability to walk; and

(ii)

having the expertise necessary to assess on behalf of the local authority the ability to walk of person B;

(b)

has never been employed or engaged as a provider of medical services to person B where “medical services” includes all forms of medical treatment and investigations to establish whether treatment is needed but does not include an assessment conducted to establish whether person B is eligible for services provided by a local authority (including the provision of a disabled person’s badge); and

(c)

is not, in the opinion of the local authority, precluded by reason of personal or commercial relationship with person B from providing an independent assessment of person B’s ability to walk;]

F7...

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

F7...

“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; F8...

[F9“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.]

[F10(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.

[F11(3) In these Regulations “relevant conviction” means any conviction for an offence specified in paragraph (4) committed in relation to a disabled person’s badge of—

(a)the holder of that badge; or

(b)any other person using that badge with the knowledge of the holder at any time during which the offence was being committed.]

[F12(4) The offences mentioned in paragraph (3) are any offence—

(a)under section 21(4B) of the 1970 Act;

(b)under section 115 or 117 of the 1984 Act; or

(c)involving dishonesty or deception under any other provision of the 1970 Act, of the 1984 Act or of any other legislation applicable in the United Kingdom, or any part of the United Kingdom.]

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

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.4.2000, see reg. 1(1)

[F13Transitional provision]E+W

3.—F14(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(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

Commencement Information

I3Reg. 3 in force at 1.4.2000, see reg. 1(1)