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

Appeals

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 National Assembly 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 National Assembly considers it appropriate in the circumstances of a particular case, it 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 or her behalf) and shall state the grounds of appeal.

(4) The notice of appeal shall be served on the National Assembly either by posting it in a prepaid envelope or by delivering it by hand to the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ.

(5) On receipt of the appeal the National Assembly 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 National Assembly —

(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 National Assembly 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 begnning 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 National Assembly on the date they bear.

(8) The National Assembly may in a particular case give directions setting later time limits than those prescribed by the Regulations.

(9) When the National Assembly determines an appeal it shall —

(a) give notice to the appellant of its determination and of the reasons for it; and

(b) send a copy of the notice to the local authority.

(10) If the National Assembly refuses an appeal, the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(b).

(11) In this regulation references to representations include a reference to supporting documents.