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Chronically Sick and Disabled Persons Act 1970

Type Public General Act
Publication 1970-05-09
Last updated 2021-07-17
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
67

Words in s. 14(1) repealed (E.W.S) (1.3.1995) by 1994 c. 21, s. 67(8), Sch. 11 Pt. III (with s. 40(7)); S.I. 1995/273, art. 2

68

S. 14(2) repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2 Table

71

S. 16 amended (temp.from 2.12.1996 to 1.4.1998) by 1995 c. 50, s. 60(8) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3), Sch. Pt. III; S.I. 1998/565, art. 2

73

S. 17: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

76

“1978” substituted (S.) for “1972” by National Health Service (Scotland) Act 1978 (c. 29, SIF 38), Sch. 16 para. 33

77

S. 17 subsection (2) commencing “The Secretary of State” substituted (E.W.) for subsection (2) commencing “Each such Board” by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 132(2)

78

S. 17 subsection (2) commencing “The Secretary of State” substituted (E.W.) for subsection (2) commencing “Each such Board” by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 132(2)

80

S. 18 repealed (4.10.2001 in so far as it relates to the repeal of subsections (1) and (3) for E. and otherwiseprosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/3331, art. 2

82

Words in s. 18(2) substituted (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(2) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)

83

Words commencing “section 1(2)” substituted (S.) for words commencing “section 6” by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 19

86

S. 20: power exercised by S.I. 1970/1391, 1988/2268

87

Words substituted by Road Traffic Act 1972 (c. 20), Sch. 7

92

Words inserted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 3

96

S. 21: for previous exercises of powers see Index to Government Orders

98

S. 21(2) substituted (1.10.1991) for s. 21(2)(3) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(2); S.I. 1991/2054, art. 3, Sch.

99

Words in s. 21(4) repealed (2.3.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(3), 83, Sch. 8; S.I. 1992/199, art. 3(1)

100

S. 21(4A)(4B)(4C) inserted (2.3.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 35(4); S.I. 1992/199, art. 3(1)

101

Words in s. 21(5) repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(5), 83, Sch. 8; S.I. 1991/2054, art. 3, Sch.

102

S. 21(7): modification of functions (24.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 4

106

S. 21(7A)–(7E) inserted by Transport Act 1982 (c. 49, SIF 107:1), s. 68

107

S. 21(7CA) inserted (S.) (1.4.2001) by 2001 asp 2, s. 73(c) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions in arts. 3, 4)

108

S. 21(7F)(7G) inserted (S.) (1.4.2001) by 2001 asp 2, s. 73(d) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions in arts. 3, 4)

110

Words in s. 21(8) repealed by Local Government Act 1972 (c. 70), Sch. 30

112

Words in s. 21(8) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

113

Words in s. 21(8) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 86; S.I. 1996/323, art. 4(1)(b)(c)

115

S. 21(9) power exercised: 1.12.1971 appointed for s. 21 by S.I. 1971/1491

117

The text of s. 23(2)(b)—(d)(3) and (4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

124

S. 29(2)(a) containing paras. (i) and (ii) substituted (S.) for s. 29(2)(a) first appearing by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 103), s. 12(1)

125

S. 29(2)(a) containing paras. (i) and (ii) substituted (S.) for s. 29(2)(a) first appearing by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 103), s. 12(1)

126

1948 c.29(81:3).

127

1968 c.49(81:3).

128

Words in s. 29(2)(a) added (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(3)(a) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)

129

S. 29(2)(b) substituted (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(3)(b) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)

130

S. 21(4BA)(4BB) inserted (S.) (1.1.2004) by Transport (Scotland) Act 2001 (asp 2), ss. 73(a), 84(2) (with s. 66); S.S.I. 2003/588, art. 2

131

Words in s. 21(4C) inserted (S.) (1.1.2004) by Transport (Scotland) Act 2001 (asp 2), ss. 73(b), 84(2) (with s. 66); S.S.I. 2003/588, art. 2

132

S. 21(8A) inserted (S.) (1.1.2004) by Transport (Scotland) Act 2001 (asp 2), ss. 73(e), 84(2) (with s. 66); S.S.I. 2003/588, art. 2

134

Words in s. 6(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 5(a) (with s. 53); S.S.I. 2004/404, art. 2(1)

135

Word in s. 6(2) repealed (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 5(b) (with s. 53); S.S.I. 2004/404, art. 2(1)

136

Words in s. 6(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 5(c) (with s. 53); S.S.I. 2004/404, art. 2(1)

137

Word in s. 6(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 5(d) (with s. 53); S.S.I. 2004/404, art. 2(1)

142

Words in s. 21(4B) inserted (E.W.) (29.9.2006 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 94(2), 99(1); S.I. 2006/1736, art. 2; S.I. 2006/2826, art. 2(1)(2)(d)

143

S. 21(4BA)-(4BD) inserted (29.9.2006 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 94(3), 99(1); S.I. 2006/1736, art. 2; S.I. 2006/2826, art. 2(1)(2)(d)

144

Words in s. 21(4C) inserted (29.9.2006 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 94(4), 99(1); S.I. 2006/1736, art. 2; S.I. 2006/2826, art. 2(1)(2)(d)

147

Word in s. 21(4) substituted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), s. 20(4), Sch. 1 para. 41; S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b); and (S.) (1.4.2007) by Transport (Scotland) Act 2005 (asp 12), ss. 49, 54(2); S.S.I. 2007/161, art. 2

148

S. 17 functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Schs.

149

S. 2(1A) inserted (19.4.2010 for E., 19.4.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 148(3), 170(3), 170(4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 4)

158

Words in s. 21(1) omitted (8.10.2013) by virtue of Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(2), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

160

Words in s. 21(4B) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(4), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

161

Words in s. 21(4BA) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(5), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

162

Words in s. 21(4BA) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(6), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

165

Words in s. 21(4C) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 3(3), 7; S.I. 2013/2202, art. 2

170

S. 21(8B)-(8D) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 6, 7; S.I. 2013/2202, art. 2

171

Words in s. 21(7B) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 2(3), 7; S.I. 2013/2202, art. 2

172

Words in s. 21(7D) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 2(4), 7; S.I. 2013/2202, art. 2

173

Words in s. 21(7D) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 5(3), 7; S.I. 2013/2202, art. 2

178

S. 21(1A)(b) substituted (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 1, 7(2); S.S.I. 2015/8, art. 2 and (E.W.) (23.3.2016) by The Disabled Persons’ Parking Badges (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.I. 2016/432), art. 3(2)

186

S. 2A inserted (E.W.) (1.4.2015) by Care Act 2014 (c. 23), ss. 66(3), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

195

Words in s. 21(1A)(a) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 13(2)(a)

196

S. 21(4BB)(a) omitted (E.W.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 13 para. 1; S.I. 2017/1139, reg. 3

Recognised badges treated as badges under section 21 for certain purposes

21A
  • (1) For the purposes of this section and section 21B, a “recognised badge” means—
  • (a) a badge issued under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, or any provision replacing that section, as from time to time amended, or
  • (b) a badge issued under provisions of the law of any jurisdiction outside the United Kingdom that are specified in regulations made by the appropriate national authority.
  • (2) In exercising the power under subsection (1)(b), the appropriate national authority may specify a provision only if it appears to the authority that badges issued under the provision are issued by reference to persons who are, or include, disabled persons.
  • (3) A recognised badge may be displayed on a motor vehicle only in such circumstances and in such manner as may be prescribed by regulations made by the appropriate national authority.
  • (4) A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge purporting to be a recognised badge is displayed on the vehicle is guilty of an offence unless the badge is a recognised badge and is displayed in accordance with regulations made under subsection (3).
  • (5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  • (6) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be a recognised badge, he may require any person who—
  • (a) is in the vehicle, or
  • (b) appears to have been in, or to be about to get into, the vehicle,

to produce the badge for inspection.

  • (7) The power conferred on an enforcement officer by subsection (6) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.
  • (8) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  • (9) In this section “enforcement officer” has the meaning given by section 21(4BB).
21B
  • (1) The concessions mentioned in subsection (2) shall apply in respect of vehicles lawfully displaying a recognised badge as they apply in respect of vehicles lawfully displaying a badge issued under section 21.
  • (2) The concessions are—
  • (a) any exemption from an order under the Road Traffic Regulation Act 1984 given by reference to vehicles lawfully displaying a badge issued under section 21;
  • (b) any provision made in an order under that Act for the use of a parking place by such vehicles.
  • (3) The appropriate national authority may by regulations provide that recognised badges are to be treated, for purposes specified in the regulations, as if they were badges issued under section 21.
21C
  • (1) Any power to make regulations under section 21A or 21B—
  • (a) is exercisable by statutory instrument, and
  • (b) includes power—
  • (i) to make different provision for different cases, and
  • (ii) to make incidental, supplementary, transitional or consequential provision.
  • (2) A statutory instrument containing regulations made under section 21A or 21B by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
  • (3) In sections 21A and 21B, “appropriate national authority” means—
  • (a) in relation to England, the Secretary of State;
  • (b) in relation to Wales, the National Assembly for Wales.

Use of invalid carriages on highways.

Recognition of badges issued outside Great Britain

Recognised badges treated as badges under section 21 for certain purposes

Recognised badges treated as badges under section 21 for certain purposes

Recognition of badges issued outside Great Britain

Recognition of badges issued outside Great Britain

Recognition of badges issued outside Great Britain

Recognised badges treated as badges under section 21 for certain purposes

2A
  • (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child's needs assessment in relation to the child.
  • (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18 until they reach a conclusion in his case.
  • (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs assessment in accordance with section 59(6) of that Act—
  • (a) they must carry out a needs assessment after the child reaches the age of 18, and
  • (b) they must continue to comply with section 2 after he reaches that age until they reach a conclusion in his case.
  • (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 2 after he reaches that age until—
  • (a) they decide that the duty under section 9 of the Care Act 2014 (needs assessment) does not apply, or
  • (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
  • (5) Subsection (6) applies where a local authority in England making arrangements for a disabled child under section 2—
  • (a) receive a request for a child's needs assessment to be carried out in relation to the child, but
  • (b) have yet to be required by section 58(1) of the Care Act 2014 to carry out the assessment.
  • (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 2 after he reaches that age until—
  • (a) they decide that the duty under section 9 of the Care Act 2014 does not apply, or
  • (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
  • (7) A local authority reach a conclusion in a person's case when—
  • (a) they conclude that he does not have needs for care and support,
  • (b) having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or
  • (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).
  • (8) In this section, “child's needs assessment”, “needs assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.

Recognised badges treated as badges under section 21 for certain purposes

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