PART IPRELIMINARY

Citation, commencement and extent

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.

Interpretation

2.-(1) In these Regulations-�

"the 1970 Act" means the Chronically Sick and Disabled Persons Act 1970;

"the 1982 Regulations" has the meaning given by regulation 3(1);

"the 1984 Act" means the Road Traffic Regulation Act 1984(3);

"disabled person" means a person more than 2 years old and falling within at least one of the prescribed descriptions in regulation 4;

"disabled person's badge" means 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 institution to whom a disabled person's badge was issued;

"institution" means an institution 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;

"individual's badge" means a disabled person's badge issued to an individual disabled person;

"institutional badge" means a disabled person's badge issued to an institution;

"issuing authority", in relation to a disabled person's badge, means the local authority which issued the badge; and

"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.

(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.

(3) In these Regulations "relevant conviction" means-�

(a)any conviction of-�

(i)the holder of a disabled person's badge; or

(ii)any other person using such a badge with the holder's consent,

for an offence specified in paragraph (4); or

(b)any conviction of a person other than the holder of a disabled person's badge of an offence under section 117(1) of the 1984 Act where the badge was displayed on the vehicle with the consent of the holder at any time during which the offence was being committed.

(4) The offences mentioned in paragraph (3)(a) are-�

(a)any offence under section 5, 8, 11 or 16(1) of the 1984 Act so far as it relates to any contravention of or failure to comply with any provision of an order made under section 1, 6, 9 or 14 of that Act-�

(i)prohibiting or restricting the waiting of vehicles on any road; or

(ii)relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act; or

(b)any offence under section 35A(1) and (2), 47(1), 53(5), 53(6) or 117(1) of that Act.

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

Amendment of 1982 Regulations and transitional provisions

3.-(1) In the Disabled Persons (Badges for Motor Vehicles) Regulations 1982(4) (in these Regulations called "the 1982 Regulations"), after regulation 2 there shall be inserted the following regulation-�

"Extent

2A. These Regulations shall not apply to England."

(2) Without prejudice to section 17 of the Interpretation Act 1978(5)-�

(a)any application made to, or other thing done under, the 1982 Regulations before the coming into force of those Regulations by or in relation to a local authority in England shall have effect as if made or done, and may be continued, under the corresponding provision of these Regulations;

(b)any badge issued by a local authority in England under the 1982 Regulations shall have effect as if issued under these Regulations and shall remain in force until-�

(i)the happening of an event specified in regulation 9(1) or the giving of a notice in accordance with regulation 9(2); or

(ii)the issue of a replacement in accordance with regulation 7.

(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.

PART IIISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled persons

4.-(1) The prescribed descriptions of disabled person to whom a local authority may issue a disabled person's badge are a person who is more than 2 years old who falls within one or more of the descriptions specified in paragraph (2).

(2) The descriptions 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 1982(6);

(b)uses a motor vehicle supplied by the Department of Social Security or the Scottish Executive or is in receipt of a grant pursuant to section 5(2)(a) of the National Health Service Act 1977(7) or section 46 of the National Health Service (Scotland) Act 1978(8);

(c)is registered as blind under section 29(4)(g) of the National Assistance Act 1948(9) 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(10) including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983(11);

(e)drives a motor vehicle regularly, has a severe disability in both upper limbs and is unable to turn by hand the steering wheel of a motor vehicle even if that wheel is fitted with a turning knob; or

(f)has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

Institutional badges

5. An institutional badge may be issued to an institution for a motor vehicle when the vehicle is to be used to carry disabled persons as specified in regulation 4(2).

Fee for issue and period of issue of a badge

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.

(2) Subject to regulations 7(2) and 9, a disabled person's badge shall be issued for a period of three years beginning with the date of issue.

Replacement badges

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, a replacement badge may be issued with the word "duplicate" marked on the front.

(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.

Grounds for refusal to issue a badge

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 or under the 1982 Regulations and misuse has led to at least three relevant convictions;

(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; or

(ii)in the case of an institution, that it is an institution 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; or

(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.

(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.

Return of badge to issuing authority

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 institutional badge, the institution ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an institutional badge, the institution 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;

(f)the badge ceases to be required by the holder.

(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 at least three relevant convictions and giving particulars of that misuse; or

(b)stating that the authority is satisfied that the badge was obtained by false representation.

(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.

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 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.

(4) The notice of appeal shall be served on the Secretary of State either by posting it in a prepaid envelope or by delivering it by hand to the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR.

(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 acting for the petty sessions area in which the applicant for the disabled person's badge resides 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.

PART IIIFORM AND DISPLAY OF BADGES

Form of badge

11. A disabled person's badge is in the prescribed form if-�

(a)the front and reverse of the badge are in the form shown in-�

(i)Part I of the Schedule to these Regulations in the case of an individual's badge; or

(ii)Part II of the Schedule in the case of an institutional badge, and

(b)the badge complies with the specifications in Part III of the Schedule.

Manner in which a badge is to be displayed

12. For the purposes of section 21(4A) of the 1970 Act a disabled person's badge is displayed on a vehicle in the prescribed manner if-�

(a)the badge is exhibited on the dashboard or facia of the vehicle, or

(b)where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,

so that the front of the badge is clearly legible from the outside of the vehicle.

Display of an individual's badge when a vehicle is being driven

13.-(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual's badge may be displayed while a vehicle is being driven.

(2) An individual's badge may be displayed on a vehicle while the holder is either driving or being carried in it.

(3) An individual's badge may also be displayed on a vehicle if-�

(a)the vehicle is being used for the collection of the holder and no other purpose;

(b)a disabled person's concession (other than a concession relating to parking) would be available to a vehicle lawfully displaying a disabled person's badge; and

(c)it would not be practicable for the vehicle to be lawfully driven to, or to stop at, the place at which the holder is to be collected if the concession did not apply to the vehicle.

(4) An individual's badge may be displayed on a vehicle if-�

(a)the vehicle, after being driven by or carrying the holder, is leaving the place where he got out;

(b)a disabled person's concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person's badge; and

(c)it would not have been practicable for the vehicle to have left that place if the concession did not apply to the vehicle.

Display of an individual's badge when a vehicle is parked

14.-(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual's badge may be displayed while a vehicle is parked.

(2) An individual's badge may be displayed on a vehicle while it is parked if it-�

(a)has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or

(b)is to be driven by the holder, or is to be used to carry the holder, from that place.

Display of institutional badge when a vehicle is being driven

15.-(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an institutional badge may be displayed while a vehicle is being driven.

(2) An institutional badge may be displayed on a vehicle while it is being driven by or on behalf of the holder and is carrying a disabled person.

(3) An institutional badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and-�

(a)the vehicle is being used for the collection of a disabled person and for no other purpose;

(b)a disabled person's concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person's badge; and

(c)it would not have been practicable for the vehicle to be lawfully driven to or to stop at the place at which the disabled person is to be collected if that concession did not apply to the vehicle.

(4) An institutional badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and-�

(a)the vehicle, after carrying a disabled person, is leaving the place where he got off;

(b)a disabled person's concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person's badge; and

(c)it would not have been practicable for the vehicle to have left that place if the concession had not applied to the vehicle.

Display of an institutional badge when a vehicle is parked

16.-(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an institutional badge may be displayed while a vehicle is parked.

(2) An institutional badge may be displayed on a vehicle while it is parked if it has been, or is to be, used by or on behalf of the holder for carrying a disabled person to or from the place where it is parked.

(Regulation 11)

THE SCHEDULE

Part IForm of Individual's Badge

Part IIForm of Institutional Badge

Part IIISpecifications for Badge

The badge shall be-�

(a)106 millimetres in height;

(b)148 millimetres in width;

(c)the background on the front and reverse sides of the badge shall be coloured light blue and shall include a background of wheelchair symbols;

(d)the square box containing the wheelchair symbol and the rectangular box containing the country identifier shall be coloured dark blue. All other boxes on the badge shall be coloured white.

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, in relation to England the Disabled Persons (Badges for Motor Vehicles) Regulations 1982. They consolidate those Regulations with modifications in their application to England.

Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities recommends the use of a Community-model parking card for people with disabilities.These Regulations provide for the new form of disabled person's badge to be issued in England.

Regulation 2 provides certain definitions.

Regulation 3 disapplies the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 in relation to England and makes transitional provisions in relation to applications made or other things done under the 1982 Regulations.

Regulation 4 prescribes the descriptions of disabled persons to whom a badge may be issued. They include persons-�

(a)who receive the higher rate of the mobility component of the disability living allowance;

(b)who use specially supplied motor vehicles;

(c)are registered blind;

(d)receive a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983;

(e)drive motor vehicles regularly and have severe disability in both upper limbs and are unable to turn by hand the steering wheel of a motor vehicle; or

(f)have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking. Regulation 5 provides for the issue of a badge to an institution for a motor vehicle used to carry disabled persons.

Regulation 6 provides that a local authority may not charge a fee of more than £2 for issuing a badge. Subject to regulations 7(2) and 9, a badge is to be issued for three years.

Regulation 7 provides for the issue of replacement badges where the original badge has been lost, stolen or destroyed or has become badly damaged or faded.

Regulation 8 prescribes the cases in which a local authority may refuse to issue a badge. Those grounds are-�

(a)the applicant holds or has held a badge and misuse led to at least three relevant convictions;

(b)the applicant fails to provide the local authority with adequate evidence as to his or its eligibility;

(c)the applicant fails to pay any fee for the issue of a badge; or

(d)the local authority has reasonable grounds for believing the applicant is not the person he claims to be or would permit another person to whom the badge was not issued to display it on a motor vehicle.

Regulation 9 prescribes the circumstances in which a badge shall be returned. These circumstances include the authority giving the holder notice of the misuse of the badge which led to at least three relevant convictions.

Regulation 10 provides for appeals to the Secretary of State in certain circumstances against decisions of local authorities to issue a badge or to require the return of one. Regulation 10 also provides for appeals to the magistrates' court acting for the petty sessions area in which the applicant for a badge resides.

Regulation 11 prescribes the form of a badge by reference to the Schedule.

Regulation 12 prescribes the manner in which a badge is to be displayed.

Regulation 13 prescribes the circumstances in which an individual's badge may be displayed while a vehicle is being driven.

Regulation 14 prescribes the circumstances in which an individual's badge may be displayed while a vehicle is parked.

Regulation 15 prescribes the circumstances in which an institutional badge may be displayed while a vehicle is being driven.

Regulation 16 prescribes the circumstances in which an institutional badge may be displayed while a vehicle is parked.

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 are of related interest. They replace the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986, in relation to England.

Copies of relevant Regulations can be obtained from the Stationery Office.