The Disabled Persons (Badges for Motor Vehicles) (Wales) (Amendment) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

The purpose of these Regulations is to amend the Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 (S.I. 2000/1786 (W.123)) (“the 2000 Regulations”). Those Regulations make provision (together with related Regulations dealing with exemptions for disabled persons) for a system of blue badges for disabled persons from Wales that will be valid across the European Union.

Regulation 3 amends the English text of regulation 2 of the 2000 Regulations so as to introduce definitions of “organisation” and “organisational badge” to replace those of “institution” and “institutional badge”. This change of nomenclature arises from an amendment to section 21(4) of the Chronically Sick and Disabled Persons Act 1970 made by paragraph 41 of Schedule 1 to the Disability Discrimination Act 2005. Other amendments consequential upon that paragraph are made to the English text of the 2000 Regulations by regulations 6, 8, 9, 10 and 11 of these Regulations. Similar amendments are not required to be made to the Welsh text, as the word “sefydliad” used in the Welsh text can mean both “institution” and “organisation”.

Regulation 4 revokes spent provisions in regulation 3 of the 2000 Regulations.

Regulation 5 modifies the description of persons to whom a disabled person’s badge may be issued as set out in regulation 4 of the 2000 Regulations.

A new class of eligibility is inserted comprising children under the age of 3 who fall within either or both of the descriptions specified in the inserted regulation 4(3). The description comprising people with a severe disability in both arms is extended.

Regulation 5 also amends the description of persons to whom a disabled person’s badge may be issued to include those in receipt of a specified benefit under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) who have been certified as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

Regulation 7 substitutes a new paragraph for regulation 6(2) of the 2000 Regulations so as to provide that badges are to be issued for periods ending immediately after the child’s third birthday, in the case of badges issued to children under the age of three, and on the date on which the allowance ceases (if less than three years) in the case of persons in receipt of specified allowances.

Regulation 10 and the Schedule amend the English text of the Schedule to the 2000 Regulations by substituting, for the diagram of an institutional badge, a new diagram incorporating the change of nomenclature.

A full regulatory impact assessment of the effect that the amendments will have on the costs of business and the voluntary sector is available from Integrated Transport Unit, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.