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

Interpretation

2.—(1) In these Regulations –

“the 1970 Act” (“Deddf 1970”) means the Chronically Sick and Disabled Persons Act 1970;

“the 1982 Regulations” (“Rheoliadau 1982”) has the meaning given by regulation 3(1) below;

“the 1984 Act” (“Deddf 1984”) means the Road Traffic Regulation Act 1984 (1);

“disabled person” (“person anabl”) means a person more than two years old and who corresponds to at least one of the prescribed descriptions in regulation 4(2);

“disabled person’s badge” (“bathodyn person anabl”) means, subject to paragraph (6) below, a badge in the form prescribed by regulation 11 and issued by a local authority for display on a motor vehicle driven by a disabled person, or to carry a disabled person and includes a replacement badge for one that was lost etc. issued in accordance with regulation 7;

“disabled person’s concession” (“consesiwn person anabl”) has the meaning given by section 117(3) of the 1984 Act;

“holder” (“deiliad”) in relation to a disabled person’s badge, means the individual or institution to whom a disabled person’s badge was issued;

“individual’s badge” (“bathodyn unigolyn”) means a disabled person’s badge issued to an individual disabled person;

“institution” (“sefydliad”) means an institution 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,

“institutional badge” (“bathodyn sefydliad”) means a disabled person’s badge issued to an institution;

“issuing authority” (“awdurdod rhoi”), in relation to a disabled person’s badge, means the local authority which issued the badge; and

“local authority” (“awdurdod lleol”) means a county council or county borough council.

(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” (“collfarn berthnasol”) means

(a)any conviction of —

(i)the holder of a disabled person’s badge; or

(ii)any other person using such a badge with the holder’s consent,

for an offence specified in paragraph (4); or

(b)any conviction of a person other than the holder of a disabled person’s badge of an offence under section 117(1) of the 1984 Act where the badge was displayed on the vehicle with the consent of the holder at any time during which the offence was being committed.

(4) The offences mentioned in paragraph (3)(a) above are—

(a)any offence under sections 5, 8, 11 or 16(1) of the 1984 Act so far as it relates to any contravention of or failure to comply with any provision of an order made under sections 1, 6, 9 or 14 of that Act —

(i)prohibiting or restricting the waiting of vehicles on any road or part of a road; or

(ii)relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act; or

(b)any offence under sections 35A(1) and (2), 47(1), 53(5), 53(6) or 117(1) of that Act.

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

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