The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

PART IIE+WISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled personsE+W

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)[F9subject to paragraph (3A), has been certified by an independent mobility assessor as having] a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

[F10(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.

[F11(3A) A person is to be deemed to be within the description set out in paragraph (2)(f) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.]

(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

Commencement Information

I1Reg. 4 in force at 1.4.2000, see reg. 1(1)

[F12Organisational badgesE+W

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

Fee for issue and period of issue of a badgeE+W

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 [F13in the case of badges which have a date of issue before 1st January 2012 and £10 in the case of badges which have a date of issue on or after 1st January 2012].

[F14(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 [F15third] 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

Commencement Information

I2Reg. 6 in force at 1.4.2000, see reg. 1(1)

Replacement badgesE+W

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 [F16or which otherwise prevents it from being identified correctly or distinguished from a forgery], a replacement badge may be issued [F17in a form which identifies by consecutive numbering each successive badge issued to the disabled person or organisation (as the case may be) by the issuing authority].

(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.

Textual Amendments

Commencement Information

I3Reg. 7 in force at 1.4.2000, see reg. 1(1)

Grounds for refusal to issue a badgeE+W

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 F18... and misuse has led to [F19a relevant conviction];

(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 [F20or that he is resident in the area of that local authority]; or

(ii)in the case of an [F21organisation], that it is an [F21organisation] 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; F22...

(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.

[F23(e)in the case of an application made pursuant to regulation 4(2)(f), a report by an independent mobility assessor stating that one of the criteria specified in that provision is satisfied has not been made available to the local authority in a form satisfactory to the local authority; or]

[F24(f)the applicant already holds a valid badge which has been issued by another issuing authority.]

(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

Commencement Information

I4Reg. 8 in force at 1.4.2000, see reg. 1(1)

Return of badge to issuing authorityE+W

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 [F25organisational] badge, the [F26organisation] ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an [F25organisational] badge, the [F26organisation] 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 [F27or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery];

(f)the badge ceases to be required by the holder [F28or another valid badge is issued to the holder by another issuing authority].

(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 [F29a relevant conviction] and giving particulars of that misuse; or

(b)stating that the authority is satisfied that the badge was obtained by false representation [F30or that the holder has purported to transfer the badge to another person].

(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

Commencement Information

I5Reg. 9 in force at 1.4.2000, see reg. 1(1)

AppealsE+W

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.

F31(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F32... 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

Commencement Information

I6Reg. 10 in force at 1.4.2000, see reg. 1(1)