The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

Made: 9th March 2000

Laid before Parliament: 10th March 2000

Coming into force: 1st April 2000

The Secretary of State, in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 1970[^f00001], now vested in him[^f00002], and of all other powers enabling him 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:

PART I — PRELIMINARY

Citation, commencement and extent

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• (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

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• (1) In these Regulations–

• “the 1970 Act” means the Chronically Sick and Disabled Persons Act 1970;

• ...

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00003];

• “date of issue” means the date on which a disabled person’s badge is first valid for use;

• “disabled person” means a person ... falling within at least one of the prescribed descriptions in regulation 4;

• “disabled person’s badge” means , subject to paragraph (1A), a badge of a form specified or approved by the Secretary of State and 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;

• “expert assessor” means a person (“person A”) who at the time of any assessment of another person (“person B”) for the purposes of the certification referred to in regulation 4(2)(f)—is recognised by the local authority to which the application for a disabled person’s badge is being made as having—a professional qualification recognised in the United Kingdom which enables them to diagnose, treat, or provide specialised therapeutic services to, persons with the same, or a similar, disability to person B’s disability; andthe necessary expertise to assess the presence, in person B, of any of the effects listed in regulation 4(2)(f)(i) to (iii) of these Regulations, resulting from person B’s disability, on person B’s capacity to walk during the course of a journey;is not employed or engaged as a general practitioner for the provision of medical services to person B; andis not, in the opinion of the local authority, precluded by reason of their relationship with person B from providing an impartial assessment of whether or not person B meets the description in regulation 4(2)(f);

• For the purposes of this definition “general practitioner” means a person who holds a licence to practice as a medical practitioner and is on the General Practitioner Register kept by virtue of section 34C of the Medical Act 1983, and “medical services” includes all forms of medical treatment and investigations to establish whether treatment is needed;

• “holder”, in relation to a disabled person’s badge, means the individual or organisation to whom a disabled person’s badge was issued;

• ...

• ...

• “individual’s badge” means a disabled person’s badge issued to an individual disabled person;

• ...

• “issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; ...

• “local authority” means , subject to paragraph (1B)(a), 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.

• (1A) For the purposes of regulations 12 to 16, the definition of “disabled person’s badge” in paragraph (1) shall include a badge issued under regulations having effect in Scotland or Wales under section 21 of the Chronically Sick and Disabled Persons Act 1970.

• (1B) Where section 21(8B) of the 1970 Act has effect—

• (a) a reference in these Regulations to a local authority is to be read as including a reference to the Secretary of State; and

• (b) paragraph (2)(b)(i) of regulation 8 has effect as if “a place prescribed under section 21(8B) of the 1970 Act” were substituted for “the area of that local authority”.

• (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 any conviction for an offence specified in paragraph (4) committed in relation to a disabled person’s badge of—

• (a) the holder of that badge; or

• (b) any other person using that badge with the knowledge of the holder at any time during which the offence was being committed.

• (4) The offences mentioned in paragraph (3) are any offence—

• (a) under section 21(4B) of the 1970 Act;

• (b) under section 115 or 117 of the 1984 Act; or

• (c) involving dishonesty or deception under any other provision of the 1970 Act, of the 1984 Act or of any other legislation applicable in the United Kingdom, or any part of the United Kingdom.

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

Amendment of 1982 Regulations and transitional provisions

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 II — ISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled persons

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• (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 3 years old and falls within either or both of the descriptions specified in paragraph (3).

• (2) The descriptions referred to in paragraph (1)(a) 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 1992;

• (b) ... is in receipt of a grant pursuant to paragraph 10(3) of Schedule 1 to the National Health Service Act 2006 or section 46 of the National Health Service (Scotland) Act 1978[^f00008];

• (c) is registered as ... severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults) or, in Wales, section 18(1) of the Social Services and Well-being (Wales) Act 2014 or, in Scotland, is a blind person within the meaning of section 64(1) of the National Assistance Act 1948;

• (d) receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00010] including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00011];

• (dd) has—

• (i) received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 within tariff levels 1 to 8 (inclusive); and

• (ii) been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking;

• (e) drives a vehicle regularly, has a severe disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;

• (f) subject to paragraph (3A), has been certified by an expert assessor as having an enduring and substantial disability which causes them, during the course of a journey, to—

• (i) be unable to walk;

• (ii) experience very considerable difficulty whilst walking, which may include very considerable psychological distress; or

• (iii) be at risk of serious harm when walking; or pose, when walking, a risk of serious harm to any other person;

• (g) receives the mobility component of personal independence payment at either the standard rate or the enhanced rate under section 79(3) of the Welfare Reform Act 2012, and, in an assessment carried out under the Social Security (Personal Independence Payment) Regulations 2013:

• (i) obtained a score of at least 8 points in relation to the “moving around” activity; or

• (ii) obtained a score of 10 points in relation to the “planning and following journeys” activity on the grounds that they cannot undertake any journey because it would cause them overwhelming psychological distress.

• (3) The descriptions referred to in paragraph (1)(b) are—

• (a) a child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty;

• (b) a child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.

• (3A) A person is to be deemed to be within the description set out in paragraph (2)(f) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person has an enduring and substantial disability which causes them, during the course of a journey, to suffer one of the effects listed at paragraph (2)(f)(i) to (iii).

• (4) In this regulation—

• (a) “bulky medical equipment” includes in particular any of the following—

• (i) ventilators;

• (ii) suction machines;

• (iii) feed pumps;

• (iv) parenteral equipment;

• (v) syringe drivers;

• (vi) oxygen administration equipment;

• (vii) continual oxygen saturation monitoring equipment; and

• (viii) casts and associated medical equipment for the correction of hip dysplasia; and

• (b) “parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)).

Institutional badges

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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).

Fee for issue and period of issue of a badge

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• (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 in the case of badges which have a date of issue before 1st January 2012 and £10 in the case of badges which have a date of issue on or after 1st January 2012.

• (2) Subject to regulations 7(2) and 9, a disabled person’s badge shall be issued—

• (a) to a person falling within the description specified in regulation 4(1)(b), for a period ending on the day immediately following that person’s third birthday;

• (b) to a person falling within the description specified in regulation 4(2)(a) , 4(2)(d) or 4(2)(g), for whichever is the shorter of—

• (i) the period of 3 years which begins with the date of issue; or

• (ii) the period which begins with the date of issue and ends on the date on which that person will cease to receive the higher rate of the mobility component of the disability living allowance , the mobility supplement or the mobility component of personal independence payment.;

• (c) to a person not falling within subparagraph (a) or (b) for a period of 3 years beginning with the date of issue.

Replacement badges

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• (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 or which otherwise prevents it from being identified correctly or distinguished from a forgery, a replacement badge may be issued in a form which identifies by consecutive numbering each successive badge issued to the disabled person or organisation (as the case may be) by the issuing authority.

• (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

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• (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 ... and misuse has led to a relevant conviction;

• (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 that he is resident in the area of that local authority; or

• (ii) in the case of an organisation, that it is an organisation 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; ...

• (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.

• (e) subject to regulation 4(3A), in the case of an application made pursuant to regulation 4(2)(f), a report by an expert assessor stating that one of the criteria specified in that provision is satisfied has not been made available to the local authority in a form satisfactory to the local authority; or

• (f) the applicant already holds a valid badge issued under section 21 of the 1970 Act or a recognised badge within the meaning of section 21A of that Act.

• (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

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• (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 organisational badge, the organisation ceasing to exist;

• (c) the holder of the badge ceases to be a disabled person or, in the case of an organisational badge, the organisation 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 or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery;

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

• (g) the holder is issued with another valid badge under section 21 of the 1970 Act or with a recognised badge within the meaning of section 21A of that Act.

• (1A) In the case of a badge to which section 21(4D)(b)(iii) of the 1970 Act applies which is retained by a constable or enforcement officer pursuant to that section, the badge shall be returned as soon as reasonably practicable—

• (a) to the issuing authority; and

• (b) after return to the issuing authority, by the issuing authority to the holder, provided that the issuing authority does not have grounds for giving a notice to the holder pursuant to paragraph (2).

• (2) ... A disabled person’s badge shall, ... be returned to the issuing authority immediately 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 a relevant conviction and giving particulars of that misuse; or

• (b) stating that the authority is satisfied that the badge was obtained by false representation or that the holder has purported to transfer the badge to another person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

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For the purpose of section 21(8B) of the 1970 Act, the prescribed places outside the United Kingdom comprise any property at any address in any of the localities listed in the schedule to these Regulations.

PART III — ... DISPLAY OF BADGES

Form of badge

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Manner in which a badge is to be displayed

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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

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• (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.