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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 URL: http://www.bailii.org/wales/legis/num_reg/2000/20001786e.html |
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The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by section 21 of the Chronically Sick and Disabled Persons Act 1970 [1] and now vested in the National Assembly[2]) and of all other powers enabling it in that behalf, and after consultation with the Council on Tribunals in accordance with section 21(7E) of that Act, hereby makes the following Regulations: - Citation, commencement and extent 1. - (1) These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 and shall come into force on 1st July 2000. (2) These Regulations apply to Wales. Interpretation 2. - (1) In these Regulations -
(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.
(ii) any other person using such a badge with the holder's consent,
for an offence specified in paragraph (4); or
(4) The offences mentioned in paragraph (3)(a) above are -
(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act; or
(b) any offence under sections 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.
(b) any badge issued by a local authority in Wales under the 1982 Regulations shall have effect as if issued under these Regulations and shall remain in force until
(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. Descriptions of disabled persons 4. - (1) The prescribed descriptions of a disabled person to whom a local authority may issue a disabled person's badge are a person who is more than two years old who fits one or more of the descriptions specified in paragraph (2). (2) The descriptions are a person who -
(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 motor vehicles 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
(b) the applicant fails to provide the local authority with adequate evidence -
(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
(ii) that the applicant would permit another person (to whom the badge was not issued) to display it on a motor vehicle.
(3) When 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.
(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 provision 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 -
(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 -
(b) where an appeal is made in accordance with regulation 10(1) and the appeal is not allowed, the period of 28 days beginning with the day on which the National Assembly 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.
(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.
(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). Form of badge 11. A disabled person's badge is in the prescribed form if -
(ii) in 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
(b) where the vehicle is not fitted with a dashboard or fascia, 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
(b) if 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) if 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 -
(b) if 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) if it would not be practicable for the vehicle to be driven from that place if the concession did not apply to the vehicle.
Display of an individual's badge when a vehicle is parked
(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
(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 -
(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 The badge shall be: 106 millimetres in height; 148 millimetres in width; the background on the front and reverse sides of the badge shall be coloured light blue and shall include a background of wheelchair symbols; 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. (This note is not part of the Regulations) The purpose of these Regulations (together with related Regulations dealing with Exemptions for Disabled Persons) is to introduce a system of blue badges for disabled people from Wales that will be valid across the European Union to replace the current orange badge system. Similar regulations are being made in the other parts of the United Kingdom pursuant to a Recommendation made by the Council of the European Union in 1998. Regulation 2 specifies the meanings of terms used in these Regulations. Regulation 3 brings to an end the effect of the previous regulations (Disabled Persons (Badges for Motor Vehicles) Regulations 1982 ) in Wales, apart from transitional arrangements described in this Regulation. Regulation 4 prescribes the persons entitled to a badge and regulation 5 gives local authorities the right also to issue a badge to an institution. Regulation 6 specifies the maximum fee that a local authority can charge (£2.00) and regulation 7 deals with the issue of replacement badges for those that have been lost etc. Regulation 8 states when a local authority can give notice refusing to issue a badge and regulation 9 when it can give notice requiring one to be returned. An individual or institution can appeal against such a notice to the National Assembly. The procedure for doing so is given in regulation 10. Regulation 11 prescribes the form of Badge by reference to a Schedule and regulation 12 prescribes how it must be displayed. Regulations 13 to 16 describe the circumstances when a badge may be displayed. It is intended that further regulations be made that will set out the procedure for dealing with appeals under regulation 10 to the National Assembly, following appropriate consultation. Notes: [1] 1970 c.44; section 21 was amended by the Local Government Act 1972 (c.70), Schedule 30; the Local Government (Scotland) Act 1973 (c.65), Schedule 14; the Transport Act 1982 (c.49), section 68; the Road Traffic Regulation Act 1984 (c.27), Schedule 13, paragraph 11; the Local Government Act 1985 (c.51), Schedule 5; the Road Traffic Act 1991 (c.40), section 35, Schedule 8; the Local Government (Wales) Act 1994 (c.19), Schedule 10, paragraph 8; and the Local Government etc (Scotland) Act 1994 (c.39), Schedule 13, paragraph 86.back [2] See National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back [4] S.I. 1982/1740, amended by S.I. 1991/2708 and 1992/200.These Regulations no longer apply in England by virtue of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (S.I. 2000/682) or in Scotland by virtue of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (S.S.I. 2000/59).back [10] S.I. 1983/883, as amended by S.I. 1983/1116 and 1121, 1984/1154 and 1687, 1985/1201, 1986/592, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598, 1994/772 and 1906, 1995/766, 1996/732, 1638 and 2282, and 1997/286.back [11] S.I. 1983/686, amended by S.I. 1983/1164 and 1540, 1984/1289 and 1675, 1985/1313, 1986/628, 1987/191, 1988/367 and 2260, 1989/415, 1990/535 and 1300, 1991/708, 1992/702 and 3226, 1993/480, 1994/715 and 2021, 1996/445 and 502, 1997/812, and 1998/278.back
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