Chronically Sick and Disabled Persons Act 1970

21 Badges for display on motor vehicles used by disabled persons.E+W+S

(1)There shall be a badge of a prescribed form to be issued by local authorities for motor vehicles driven by, or used for the carriage of, disabled persons; and—

(a)subject to the provisions of this section, the badge so issued for any vehicle or vehicles may be displayed on it or on any of them either inside or outside the area of the issuing authority; and

(b)any power under [F1Part III of Schedule 9 to the Road Traffic Regulation Act 1984] to make regulations requiring that orders under the Act shall include exemptions shall be taken to extend to requiring that an exemption given with reference to badges issued by one authority shall be given also with reference to badges issued by other authorities.

[F2(2)A badge may be issued to a disabled person of any prescribed description resident in the area of the issuing authority for one or more vehicles driven by him or used by him as a passenger.]

(4)A badge may be issued to an institution concerned with the care of the disabled for any motor vehicle or, as the case may be, for each motor vehicle kept in the area of the issuing authority and used by or on behalf of the institution to carry disabled persons of any prescribed description; and any badge so issued may be displayed on the vehicle for which it is issued at times when the vehicle is being so used.

(5)A local authority shall maintain a register showing the holders of badges issued by the authority under this section, and the vehicle or vehicles for which each of the badges is held; F3 . . .

(6)A badge issued under this section shall remain the property of the issuing authority, shall be issued for such period as may be prescribed, and shall be returned to the issuing authority in such circumstances as may be prescribed.

(7)Anything which is under this section to be prescribed shall be prescribed by regulations made by the Minister of Transport and Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and regulations so made may make provision—

(a)as to the cases in which authorities may refuse to issue badges, and as to the fee (if any) which an authority may charge for the issue or re-issue of a badge; and

(b)as to the continuing validity or effect of badges issued before the coming into force of this section in pursuance of any scheme having effect under section 29 of the M1National Assistance Act 1948 or any similar scheme having effect in Scotland; and

(c)as to any transitional matters, and in particular the application to badges issued under this section of orders made before [F4the time when] it comes into force and operating with reference to any such badges as are referred to in paragraph (b) above (being orders made, or [F4at that time] having effect as if made, under the M2Road Traffic Regulation Act 1967).

[F5(7A)Where the prescribed conditions are met in the case of any person, then—

(a)if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and

(b)if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them.

The conditions that may be prescribed for the purposes of this subsection are conditions relating to the misuse of badges issued under this section.

(7B)A notice under subsection (7A) above may be given by post.

(7C)A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect.

(7D)A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be so returned by virtue of a notice under subsection (7A) above shall be returned with the prescribed time and may not be displayed on any vehicle after that time.

(7E)Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide.]

(8)The local authorities for purposes of this section shall be the common council of the City of London, the council of a county [F6or Metropolitan district] . . . F7 in England or Wales or of a London borough and the council of a [F8region or islands area] in Scotland; and in this section “motor vehicle” has the same meaning as in the Road Traffic Regulation Act [F91984].

(9)This section shall come into operation on such date as the Minister of Transport and Secretary of State may by order made by statutory instrument appoint.

Subordinate Legislation Made

P1S. 21: for previous exercises of powers see Index to Government Orders

P2S. 21(9) power exercised: 1.12.1971 appointed for s. 21 by S.I. 1971/1491

Textual Amendments

Marginal Citations