BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
[New search]
[Help]
STATUTORY INSTRUMENTS
2007 No. 2531
ROAD TRAFFIC, ENGLAND
The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007
| |
Made |
30th August 2007 | |
| |
Laid before Parliament |
7th September 2007 | |
| |
Coming into force |
30th September 2007 | |
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 1970[1] and now vested in him[2]:
Citation and commencement
1.
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 and shall come into force on 30th September 2007.
Preliminary
2.
The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000[3] (in these Regulations called "the Principal Regulations") shall be further amended as follows.
Interpretation of the Principal Regulations
3.
—(1) Regulation 2(1) shall be amended as follows.
(2) In the definition of "holder" for "institution" there shall be substituted "organisation".
(3) The definitions of "institution" and "institutional badge" shall be omitted.
(4) The word "and" immediately following the definition of "issuing authority" shall be omitted.
(5) For the definition of "local authority" there shall be substituted—
"
"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;
"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."
Revocation of spent provisions of the Principal Regulations
4.
—(1) Regulation 3 shall be amended as follows.
(2) Paragraphs (1) and (2) shall be omitted.
(3) The heading accordingly becomes "Transitional provision".
Descriptions of disabled persons
5.
—(1) Regulation 4 shall be amended as follows.
(2) For paragraph (1) there shall be substituted—
"
(1) The prescribed descriptions of disabled person to whom a disabled person's badge may be issued are—
(a) a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);
(b) a person who is not more than 2 years old and falls within either or both of the descriptions specified in paragraph (3)."
(3) In paragraph (2)—
(4) After paragraph (2) there shall be added the following paragraphs—
Organisational badges
6.
For regulation 5 there shall be substituted—
"
Organisational badges
5.
An organisational badge may be issued to an organisation for a motor vehicle which is to be used to carry disabled persons falling within one or more of the descriptions specified in regulation 4(2) or (3)."
Period of issue of a badge
7.
For regulation 6(2) there shall be substituted—
Grounds for refusal to issue a badge
8.
In regulation 8(2)(b)(ii) for "institution" in both places occurring there shall be substituted "organisation".
Return of badge to issuing authority
9.
In regulation 9(1)—
(a) for "institutional" in both places occurring there shall be substituted "organisational"; and
(b) for "institution" in both places occurring there shall be substituted "organisation".
Form of badge
10.
—(1) In regulation 11(a)(ii) for "institutional" there shall be substituted "organisational".
(2) For Parts I and II of the Schedule to the Principal Regulations there shall be substituted Parts 1 and 2 as shown in the Schedule to these Regulations.
(3) In Part III of the Schedule in paragraph (d)—
(a) before "square" there shall be inserted "larger"; and
(b) after "white" there shall be inserted ", except the smaller square box containing the wheelchair symbol which shall display a hologram which alternates between that symbol and the identifier".
(4) Nothing in this regulation affects the validity of a badge which—
(a) was issued before the coming into force of these Regulations; and
(b) was in a form which complied with the Principal Regulations at the time of its issue.
Display of an organisational badge
11.
—(1) In regulations 15 and 16 for "institutional" in each place occurring there shall be substituted "organisational".
(2) The heading of regulation 15 accordingly becomes "Display of an organisational badge when a vehicle is being driven" and the heading of regulation 16 becomes "Display of an organisational badge when a vehicle is parked".
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State, Department for Transport
30th August 2007
SCHEDULERegulation 10(2)
FORM OF BADGE — SUBSTITUTED DIAGRAMS
PART 1
INDIVIDUAL'S BADGE
Click here to view Image 1 of 2
PART 2
ORGANISATIONAL BADGE
Click here to view Image 2 of 2
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 ("the Principal Regulations").
Regulation 3 amends regulation 2 of the Principal 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 by regulations 6, 8, 9, 10 and 11 of these Regulations.
Regulation 4 revokes spent provisions in regulation 3 of the Principal Regulations.
Regulation 5 modifies the descriptions of persons to whom a disabled person's badge may be issued as set out in regulation 4 of the Principal Regulations. A new class of eligibility is inserted comprising children aged 2 years or less who fall within either or both of the descriptions specified in the inserted regulation 4(3); regulation 4(2)(b) is amended so as not to refer to vehicles supplied by the Department of Social Security or the Scottish Executive and the description comprising people with a severe disability in both arms is extended.
Regulation 7 substitutes a new paragraph for regulation 6(2) of the Principal Regulations so as to provide that badges are to be issued for periods ending immediately after the child's second birthday, in the case of badges granted to children under the age of two, 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 Schedule to the Principal Regulations by substituting, for the diagrams of an individual's badge and of an organisational badge, new diagrams incorporating an indication showing what is the front of the badge, revised wording and a hologram.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Transport, Accessibility and Equalities Unit, Zone 4/22, Great Minister House, 76 Marsham Street, London SW1P 4DR (telephone 020 7944 4780) and can be found on the Department's website at www.dft.gov.uk/.
Notes:
[1]
1970 c. 44; section 21, so far as it relates to England, was amended by the Local Government Act 1972 (c. 70) Schedule 30, 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, paragraph 1, the Road Traffic Act 1991 (c. 40) section 35, Schedule 8, the Traffic Management Act 2004 (c. 18) section 94(1) to (4) and the Disability Discrimination Act 2005 (c. 13) Schedule 2, paragraph 41.back
[2]
The functions of the Minister of Transport under section 21 of the Chronically Sick and Disabled Persons Act 1970 were transferred to the Secretary of State by S.I. 1970/1681, article 2(1).back
[3]
S.I. 2000/682; relevant amending instrument is S.I. 2000/1507.back
[4]
1984 c. 27; section 46(2)(a) was amended by S.I. 1996/1553.back
ISBN
978 0 11 078746 6
| © Crown copyright 2007 |
Prepared
13 September 2007
|
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2007/20072531.html
