Search Legislation

Disability Discrimination Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 2

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Disability Discrimination Act 2005, Part 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 2E+WAmendments related to disabled persons' badges

Chronically Sick and Disabled Persons Act 1970 (c. 44)E+W

41E+WIn section 21(4) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by institutions concerned with the care of disabled people), for “institution” there is substituted “ ;organisation ” in both places where it occurs.

Commencement Information

I1Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

Road Traffic Regulation Act 1984 (c. 27)E+W

42E+WThe Road Traffic Regulation Act 1984 shall have effect with the following amendments.

Commencement Information

I2Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

43(1)Section 105 (exemptions from section 104) is amended as follows.E+W

(2)In subsection (1), after paragraph (a) there is inserted—

(aa)a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle; or.

(3)After subsection (6) there is inserted—

(6A)In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(aa) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6B) below are met.

(6B)Those conditions are that at the time when the contravention occurred—

(a)the vehicle was not being used in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970 (display of non-GB badges); and

(b)he was not using the vehicle in circumstances falling within section 117(1A)(b) of this Act.

Commencement Information

I3Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

44(1)Section 117 (wrongful use of disabled person’s badge) is amended as follows.E+W

(2)In subsection (1), for “this section” there is substituted “ this subsection ” in both places where it occurs.

(3)After subsection (1) there is inserted—

(1A)A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—

(a)there was displayed on the motor vehicle in question a badge purporting to be a recognised badge, and

(b)he was using the vehicle in circumstances where a concession would, by virtue of section 21B of the Chronically Sick and Disabled Persons Act 1970, be available to a vehicle lawfully displaying a recognised badge,

but he shall not be guilty of an offence under this subsection if the badge was a recognised badge and displayed in accordance with regulations made under section 21A of that Act.

(4)In subsection (3), at the end there is inserted—

“recognised badge” has the meaning given in section 21A of the Chronically Sick and Disabled Persons Act 1970.

Commencement Information

I4Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

Road Traffic Offenders Act 1988 (c. 53)E+W

45(1)Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall have effect with the following amendments.E+W

(2)After the entry for section 105(5) of the Road Traffic Regulation Act 1984, there is inserted—

RTRA section 105(6A)Misuse of recognised badge (immobilisation devices).Summarily.Level 3 on the standard scale.   

(3)In the entry for section 117 of that Act, for “117” there is substituted “ ;117(1) ”.

(4)After that entry there is inserted—

RTRA section 117(1A)Wrongful use of recognised badge.Summarily.Level 3 on the standard scale.   

Commencement Information

I5Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

Road Traffic Act 1991 (c. 40)E+W

46(1)Section 70 of the Road Traffic Act 1991 (exemptions from section 69 of that Act) shall have effect with the following amendments.E+W

(2)In subsection (1), after paragraph (a) there is inserted—

(aa)a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle;.

(3)After subsection (2) there is inserted—

(2A)In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(aa) above and the vehicle was not, at the time at which it was parked, being used—

(a)in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

(b)in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I6Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

Courts Act 2003 (c. 39)E+W

47(1)Paragraph 46 of Schedule 5 to the Courts Act 2003 (provision to give effect to clamping orders) shall have effect with the following amendments.E+W

(2)In sub-paragraph (2)(a), after “badge” there is inserted “ ;or a current recognised badge ”.

(3)In sub-paragraph (3), at the end there is inserted—

“recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

Commencement Information

I7Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

Traffic Management Act 2004 (c. 18)E+W

48(1)Section 79 of the Traffic Management Act 2004 (immobilisation of vehicle where penalty charge payable) shall have effect with the following amendments.E+W

(2)After subsection (5) there is inserted—

(5A)The regulations shall provide—

(a)that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and

(b)that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—

(i)in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

(ii)in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In subsection (7), after the definition of “parking place” there is inserted—

  • “ ;recognised badge ” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970.

Commencement Information

I8Sch. 1 Pt. 2 wholly in force at 30.3.2008; Sch. 1 Pt. 2 not in force at Royal Assent see s. 20(3); Sch. 1 Pt. 2 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(b); Sch. 1 Pt. 2 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources