The Disabled Persons (Badges for Motor Vehicles) (Amendment) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Disabled Persons (Badges for Motor Vehicles) Regulations (Northern Ireland) 1993 (“the 1993 Regulations”).

Section 14(7A) of the Chronically Sick and Disabled Person’s (Northern Ireland) Act 1978 makes provision for the Department to refuse an application for a badge or to require the return of a badge if prescribed conditions are met. The conditions are prescribed in regulation 8A of the 1993 Regulations and are misuse of the badge on at least 3 occasions which has led to a relevant conviction. Following the introduction of decriminalised parking enforcement many of the contraventions that constitute a relevant conviction are no longer criminal offences. These contraventions are now dealt with by means of a penalty charge notice. These Regulations further amend the 1993 Regulations to take account of these changes. The opportunity is also being taken to bring the parking concessions for badge holders and the contraventions that constitute misuse of the badge more into line with one another.

In particular, the Regulations—

substitute revised definitions for “disabled person’s concession” and “relevant conviction” and insert new definitions for “penalty charge” and “penalty charge notice” (regulation 2(2));

substitute new regulation 2(2) and (3) defining the expression “relevant penalty charge” by reference to specified contraventions (regulation 2(3) and (4)); and

amend regulation 8A(2) by making provision for a relevant penalty charge in addition to the existing relevant conviction (regulation 2(5)).