PART IE+WPRELIMINARY

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),] [F5a badge of a form specified or approved by the Secretary of State and] 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;

[F6“expert 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 having—

(i)

a professional qualification recognised in the United Kingdom which enables them to diagnose, treat, or provide specialised therapeutic services to, persons with the same, or a similar, disability to person B’s disability; and

(ii)

the necessary expertise to assess the presence, in person B, of any of the effects listed in regulation 4(2)(f)(i) to (iii) of these Regulations, resulting from person B’s disability, on person B’s capacity to walk during the course of a journey;

(b)

is not employed or engaged as a general practitioner for the provision of medical services to person B; and

(c)

is not, in the opinion of the local authority, precluded by reason of their relationship with person B from providing an impartial assessment of whether or not person B meets the description in regulation 4(2)(f);

For the purposes of this definition “general practitioner” means a person who holds a licence to practice as a medical practitioner and is on the General Practitioner Register kept by virtue of section 34C of the Medical Act 1983, and “medical services” includes all forms of medical treatment and investigations to establish whether treatment is needed;]

“holder”, in relation to a disabled person’s badge, means the individual or [F7organisation] to whom a disabled person’s badge was issued;

F8...

F9...

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

F9...

“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; F10...

[F11“local authority” means [F12, subject to paragraph (1B)(a),] 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.]

[F13(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.]

[F14(1B) Where section 21(8B) of the 1970 Act has effect—

(a)a reference in these Regulations to a local authority is to be read as including a reference to the Secretary of State; and

(b)paragraph (2)(b)(i) of regulation 8 has effect as if “a place prescribed under section 21(8B) of the 1970 Act” were substituted for “the area of that local authority”.]

(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.

[F15(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.]

[F16(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.]