Chronically Sick and Disabled Persons Act 1970

Miscellaneous provisions U.K.

20 Use of invalid carriages on highways. E+W+S

(1) In the case of a vehicle which is an invalid carriage complying with the prescribed requirements and which is being used in accordance with the prescribed conditions—

(a) no statutory provision prohibiting or restricting the use of footways shall prohibit or restrict the use of that vehicle on a footway;

(b) if the vehicle is mechanically propelled, it shall be treated for the purposes of the [F1 Road Traffic Regulation Act [F2 1984] and [F3 the Road Traffic Act 1988 [F4 , except section 22A of that Act (causing danger to road users by interfering with motor vehicles etc),] and the Road Traffic Offenders Act 1988]] as not being a motor vehicle; [F5 and sections 1 to 4, [F6 21,34,] 163, 170 and 181 of the Road Traffic Act 1988 shall not apply to it] and

(c) whether or not the vehicle is mechanically propelled, it shall be exempted from the requirements of [F7 section 83 of the Road Traffic Act 1988]

F8 (2) In this section—

• “footway” means a way which is a footway, footpath or bridleway within the meaning of [F9 the Highways Act 1980][F8 or a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000]; and in its application to Scotland means a way over which the public has a right of passage on foot only or a bridleway within the meaning of section 47 of the M1 Countryside (Scotland) Act 1967;

• “invalid carriage” means a vehicle, whether mechanically propelled or not, constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability;

• “prescribed” means prescribed by regulations made by the Minister of Transport;

• “statutory provision” means a provision contained in, or having effect under, any enactment.

(3) Any regulations made under this section shall be made by statutory instrument, may make different provision for different circumstances and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P1 S. 20: power exercised by S.I. 1970/1391, 1988/2268

Textual Amendments

F1 Words substituted by Road Traffic Act 1972 (c. 20), Sch. 7

F2 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 10

F3 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 7(a)

F4 Words in s. 20(1)(b) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 3(a); S.I. 1992/1286, art. 2, Sch.

F5 Words in s. 20(1)(b) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 3(b); S.I. 1992/1286, art. 2, Sch.

F6 Words inserted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 3

F7 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 7(b)

F8 Words in s. 20(2) inserted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F9 Words substituted (E.W.) by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 19

Modifications etc. (not altering text)

C1 S. 20 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4)2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Marginal Citations

M1 1967 c. 86.

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

(1) There shall be a badge F10 ... 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 [F11 Part 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.

[F12 (1A) A badge issued under this section must be in valid form, which means—

(a) of a form specified or approved by the Secretary of State, in the case of a badge issued by a local authority in England F13 ...;

[F14 (aa) of a form specified or approved by the Welsh Ministers, in the case of a badge issued by a local authority in Wales;]

[F15 (b) of a form which fulfils any requirements as to form prescribed or otherwise specified by the Scottish Ministers, in the case of a badge issued by a local authority in Scotland.]

[F16 (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.]

F17 (4) A badge may be issued to an [F17 organisation] 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 [F17 organisation] to carry disabled persons of any prescribed description; F18 . . ..

F19 [(4A) A badge issued under this section may be displayed only in such circumstances and in such manner as may be prescribed.

F20 (4B) A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge[F20 purporting to be] [F21 in valid form] is displayed on the vehicle is guilty of an offence unless the badge is issued under this section and displayed in accordance with regulations made under it.

[F22 (4BZA) [F23 A person who in England and Wales drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge issued under this section is displayed on the vehicle is guilty of an offence if—

(a) the badge should have been returned to the issuing authority in compliance with regulations under subsection (6) or a notice under subsection (7A)(b), or

(b) the badge has been cancelled under subsection (7AB).]]

[F24 (4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be [F25 in valid form], he may require any person who—

(a) is in the vehicle, or

(b) appears to have been in, or to be about to get into, the vehicle,

to produce the badge for inspection.

(4BB) In subsection (4BA) “ enforcement officer ” means—

[F26 (a) a traffic warden;]

(b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004);

(c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984).

[F27 (d) a person who—

(i) is employed by a local authority in England and Wales or by a person with whom the authority have made arrangements for the purposes of this section, and

(ii) is authorised in writing by the authority to exercise the powers in subsections (4BA) and (4D).]

(4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

(4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence.]

[F28 (4BE) Failure to comply with a requirement imposed by an officer within subsection (4BB)(d) who does not produce appropriate evidence of authority is not an offence under subsection (4BD).]

[F29 (4BA) Where there is displayed on any motor vehicle a badge which appears to a constable [F30 or enforcement officer] to be, or to purport to be, [F31 in valid form], he may require—

(a) any person who appears to the constable [F32 or officer] to be, or to have been, using the vehicle; or

(b) any person in the vehicle (other than a person such as is mentioned in paragraph (a) above),

to produce the badge for examination

(4BB) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) above shall be guilty of an offence.]

[F33 (4BC) No offence is committed under subsection (4BB) if—

(a) the person requiring the badge to be produced is an enforcement officer, other than a traffic warden or parking attendant, and

(b) when requiring the badge to be produced, the officer does not produce appropriate evidence of the officer's authority to exercise the power under subsection (4BA).]

F34 ( 4C ) A person guilty of an offence under subsection [F35 (4B), (4BZA) or] [F34 or (4BD)] [F36 or (4BB)] above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

[F37 (4D) [F38 A constable or enforcement officer in England and Wales to whom a person produces a badge purporting to be in valid form (whether or not in response to a requirement under subsection (4BA)) may retain the badge if the constable or officer believes on reasonable grounds that—

(a) the badge was not issued under this section, or

(b) the badge was issued under this section and—

(i) it should have been returned to the issuing authority in compliance with regulations under subsection (6) or a notice under subsection (7A)(b),

(ii) it has been cancelled under subsection (7AB), or

(iii) it was being displayed on a vehicle otherwise than in circumstances prescribed under subsection (4A).]

(4E) Regulations may prescribe what is to be done with a badge retained under subsection (4D) above.]

(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; F39 . . .

(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 M2 National 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 [F40 the 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 [F40 at that time] having effect as if made, under the M3 Road Traffic Regulation Act 1967).

[F41 (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.

[F42 (7AB) [F43 A local authority F44 ... may cancel a badge issued by them under this section if it appears to the authority that the person to whom it was issued no longer holds the badge, either—

(a) because the person notifies the authority that it has been lost or stolen, or

(b) for any other reason.

A cancellation under paragraph (b) above takes effect only when the authority give notice of the cancellation to the person.]]

(7B) A notice under subsection (7A) [F45 or (7AB)] 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.

[F46 (7CA) The Scottish Ministers may by regulations make provision for or in connection with appeals from decisions of the Scottish Ministers under subsection (7C) above.]

(7D) A badge which is required to be returned to the issuing authority by virtue of subsection (6) above[F47 , or which is cancelled under subsection (7AB) above,] may not be displayed on any vehicle; [F48 and—

(a) a badge issued by a local authority in England which is required to be so returned by virtue of a notice under subsection (7A) above may not be displayed on any vehicle;

(b) a badge issued by a local authority in Wales or Scotland which is required to be so returned by virtue of a notice under that subsection shall be returned within 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; F49 ... ]

[F50 (7EA) Subsections (7C) and (7E) do not apply in relation to a decision of a local authority in England.]

[F51 (7F) The Scottish Ministers may by regulations make such provision for or in connection with enabling badges—

(a) issued under such provision of the law of Northern Ireland as corresponds to this section; or

(b) issued by any member State other than the United Kingdom for purposes corresponding to the purposes for which badges under this section are issued,

to be treated for such purposes as may be specified in the regulations as if they were badges issued under this section.

(7G) Any regulations under subsections (7CA) and (7F) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

(8) The local authorities for purposes of this section shall be the common council of the City of London, the council of a county [F52 or Metropolitan district] . . . F53 in England F54 . . . or of a London borough [F55 , the council of a Welsh county or county borough] and [F56 , in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and in this section “motor vehicle” has the same meaning as in the Road Traffic Regulation Act [F57 1984].

[F58 (8A) [F59 In subsection (4BA) above, “constable” has the same meaning as in [F60 section 99(1) of the Police and Fire Reform (Scotland) Act]; but includes a traffic warden and a parking attendant. ]]

[F59 (8A) In this section—

• “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

• “enforcement officer” means—

  (a)

  a traffic warden,

  (b)

  a parking attendant, or

  (c)

  a person who—

  (i)

  is employed by a local authority or by a person with whom the authority have made arrangements for the purposes of this section, and

  (ii)

  is authorised in writing by the authority to exercise the powers in subsections (4BA) and (4D).]

[F61 (8B) This section has effect in relation to disabled persons resident in prescribed places outside the United Kingdom who are—

(a) members of any of the armed forces of the Crown,

(b) persons employed by or in the service of the Government of the United Kingdom whose sole or main role is to work in support of any of those forces, or

(c) members of the same household as a person within paragraph (a) or (b),

as if the Secretary of State were a local authority in England.

(8C) Accordingly, a reference to a local authority in this section, except in subsection F62 ... (8) [F63 or in the definition of “enforcement officer”] (or in subsection [F64 (1A)(aa) or (b)] or (7D)(b)), is to be read as including a reference to the Secretary of State.

(8D) Subsections (1)(a), (2) and (4) have effect in relation to disabled persons within subsection (8B) as if “a place prescribed under subsection (8B)” were substituted for “the area of the issuing authority”.]

(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

P2 S. 21: for previous exercises of powers see Index to Government Orders

P3 S. 21(9) power exercised: 1.12.1971 appointed for s. 21 by S.I. 1971/1491

Textual Amendments

F10 Words in s. 21(1) omitted (8.10.2013) by virtue of Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(2), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F11 Words in s. 21(1)(b) substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 11(a)

F12 S. 21(1A) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(3), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F13 Words in s. 21(1A)(a) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 13(2)(a)

F14 S. 21(1A)(aa) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 13(2)(b)

F15 S. 21(1A)(b) substituted (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 1, 7(2); S.S.I. 2015/8, art. 2 and (E.W.) (23.3.2016) by The Disabled Persons’ Parking Badges (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.I. 2016/432), art. 3(2)

F16 S. 21(2) substituted (1.10.1991) for s. 21(2)(3) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(2); S.I. 1991/2054, art. 3, Sch.

F17 Word in s. 21(4) substituted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), s. 20(4), Sch. 1 para. 41; S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b); and (S.) (1.4.2007) by Transport (Scotland) Act 2005 (asp 12), ss. 49, 54(2); S.S.I. 2007/161, art. 2

F18 Words in s. 21(4) repealed (2.3.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(3), 83, Sch. 8; S.I. 1992/199, art. 3(1)

F19 S. 21(4A)(4B)(4C) inserted (2.3.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 35(4); S.I. 1992/199, art. 3(1)

F20 Words in s. 21(4B) inserted (E.W.) (29.9.2006 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 94(2), 99(1); S.I. 2006/1736, art. 2; S.I. 2006/2826, art. 2(1)(2)(d)

F21 Words in s. 21(4B) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(4), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F22 S. 21(4BZA) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 3(2), 7; S.I. 2013/2202, art. 2

F23 S. 21(4BZA) repealed (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 4(1), 7(2); S.S.I. 2015/8, art. 2

F24 S. 21(4BA)-(4BD) inserted (29.9.2006 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 94(3), 99(1); S.I. 2006/1736, art. 2; S.I. 2006/2826, art. 2(1)(2)(d)

F25 Words in s. 21(4BA) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(5), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F26 S. 21(4BB)(a) omitted (E.W.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 13 para. 1; S.I. 2017/1139, reg. 3

F27 S. 21(4BB)(d) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 4(2), 7; S.I. 2013/2202, art. 2

F28 S. 21(4BE) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 4(3), 7; S.I. 2013/2202, art. 2

F29 S. 21(4BA)(4BB) inserted (S.) (1.1.2004) by Transport (Scotland) Act 2001 (asp 2), ss. 73(a), 84(2) (with s. 66); S.S.I. 2003/588, art. 2

F30 Words in s. 21(4BA) inserted (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 5(2)(a), 7(2); S.S.I. 2015/8, art. 2

F31 Words in s. 21(4BA) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(6), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F32 Words in s. 21(4BA)(a) inserted (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 5(2)(b), 7(2); S.S.I. 2015/8, art. 2

F33 S. 21(4BC) inserted (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 5(3), 7(2); S.S.I. 2015/8, art. 2

F34 Words in s. 21(4C) inserted (29.9.2006 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 94(4), 99(1); S.I. 2006/1736, art. 2; S.I. 2006/2826, art. 2(1)(2)(d)

F35 Words in s. 21(4C) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 3(3), 7; S.I. 2013/2202, art. 2

F36 Words in s. 21(4C) inserted (S.) (1.1.2004) by Transport (Scotland) Act 2001 (asp 2), ss. 73(b), 84(2) (with s. 66); S.S.I. 2003/588, art. 2

F37 S. 21(4D)(4E) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 4(4), 7; S.I. 2013/2202, art. 2

F38 S. 21(4D) repealed (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 3, 7(2); S.S.I. 2015/8, art. 2

F39 Words in s. 21(5) repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 35(5), 83, Sch. 8; S.I. 1991/2054, art. 3, Sch.

F40 Words in s. 21(7)(c) inserted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 11(b)

F41 S. 21(7A)–(7E) inserted by Transport Act 1982 (c. 49, SIF 107:1), s. 68

F42 S. 21(7AB) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 2(2), 7; S.I. 2013/2202, art. 2

F43 S. 21(7AB) repealed (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 2, 7(2); S.S.I. 2015/8, art. 2

F44 Words in s. 21(7AB) omitted (E.W.) (23.3.2016) by virtue of The Disabled Persons Parking Badges (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.I. 2016/436), arts. 1(b), 3(3)

F45 Words in s. 21(7B) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 2(3), 7; S.I. 2013/2202, art. 2

F46 S. 21(7CA) inserted (S.) (1.4.2001) by 2001 asp 2, s. 73(c) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions in arts. 3, 4)

F47 Words in s. 21(7D) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 2(4), 7; S.I. 2013/2202, art. 2

F48 Words in s. 21(7D) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 5(3), 7; S.I. 2013/2202, art. 2

F49 Words in s. 21(7E) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 1

F50 S. 21(7EA) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 5(2), 7 (with s. 5(4)); S.I. 2013/2202, art. 2

F51 S. 21(7F)(7G) inserted (S.) (1.4.2001) by 2001 asp 2, s. 73(d) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions in arts. 3, 4)

F52 Words in s. 21(8) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 5 Pt. I para. 1

F53 Words in s. 21(8) repealed by Local Government Act 1972 (c. 70), Sch. 30

F54 Words in s. 21(8) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), 66(8), Sch. 10 para. 8, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F55 Words in s. 21(8) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F56 Words in s. 21(8) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 86; S.I. 1996/323, art. 4(1)(b)(c)

F57 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 11(c)

F58 S. 21(8A) inserted (S.) (1.1.2004) by Transport (Scotland) Act 2001 (asp 2), ss. 73(e), 84(2) (with s. 66); S.S.I. 2003/588, art. 2

F59 S. 21(8A) substituted (S.) (30.3.2015) by Disabled Persons’ Parking Badges (Scotland) Act 2014 (asp 17), ss. 5(4), 7(2); S.S.I. 2015/8, art. 2

F60 Words in s. 21(8A) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 6

F61 S. 21(8B)-(8D) inserted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 6, 7; S.I. 2013/2202, art. 2

F62 Words in s. 21(8C) omitted (23.3.2016) by virtue of The Disabled Persons Parking Badges (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.I. 2016/436), arts. 1(b), 4(2)(a)

F63 Words in s. 21(8C) inserted (23.3.2016) by The Disabled Persons Parking Badges (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.I. 2016/436), arts. 1(b), 4(2)(b)

F64 Words in s. 21(8C) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 13(3)

Modifications etc. (not altering text)

C2 S. 21(7): modification of functions (24.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 4

Marginal Citations

M2 1948 c. 29.

M3 1967 c. 76.

[F65 21A Recognition of badges issued outside Great Britain U.K.

(1) For the purposes of this section and section 21B, a “recognised badge” means—

(a) a badge issued under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, or any provision replacing that section, as from time to time amended, or

(b) a badge issued under provisions of the law of any jurisdiction outside the United Kingdom that are specified in regulations made by the appropriate national authority.

(2) In exercising the power under subsection (1)(b), the appropriate national authority may specify a provision only if it appears to the authority that badges issued under the provision are issued by reference to persons who are, or include, disabled persons.

(3) A recognised badge may be displayed on a motor vehicle only in such circumstances and in such manner as may be prescribed by regulations made by the appropriate national authority.

(4) A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge purporting to be a recognised badge is displayed on the vehicle is guilty of an offence unless the badge is a recognised badge and is displayed in accordance with regulations made under subsection (3).

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be a recognised badge, he may require any person who—

(a) is in the vehicle, or

(b) appears to have been in, or to be about to get into, the vehicle,

to produce the badge for inspection.

(7) The power conferred on an enforcement officer by subsection (6) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

(8) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this section “enforcement officer” has the meaning given by section 21(4BB).

Textual Amendments

F65 Ss. 21A-21C inserted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 9, 20(4); S.I. 2005/1676, art. 3(a); S.I. 2007/3285, art. 2(a)

21B Recognised badges treated as badges under section 21 for certain purposes U.K.

(1) The concessions mentioned in subsection (2) shall apply in respect of vehicles lawfully displaying a recognised badge as they apply in respect of vehicles lawfully displaying a badge issued under section 21.

(2) The concessions are—

(a) any exemption from an order under the Road Traffic Regulation Act 1984 given by reference to vehicles lawfully displaying a badge issued under section 21;

(b) any provision made in an order under that Act for the use of a parking place by such vehicles.

(3) The appropriate national authority may by regulations provide that recognised badges are to be treated, for purposes specified in the regulations, as if they were badges issued under section 21.

Textual Amendments

F65 Ss. 21A-21C inserted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 9, 20(4); S.I. 2005/1676, art. 3(a); S.I. 2007/3285, art. 2(a)

21C Sections 21A and 21B: regulations and interpretation U.K.

(1) Any power to make regulations under section 21A or 21B—

(a) is exercisable by statutory instrument, and

(b) includes power—

(i) to make different provision for different cases, and

(ii) to make incidental, supplementary, transitional or consequential provision.

(2) A statutory instrument containing regulations made under section 21A or 21B by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In sections 21A and 21B, “appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales.]

Textual Amendments

F65 Ss. 21A-21C inserted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 9, 20(4); S.I. 2005/1676, art. 3(a); S.I. 2007/3285, art. 2(a)

22 Annual report on research and development work. E+W+S

The Secretary of State shall as respects each year lay before Parliament a report on the progress made during that year in research and development work carried out by or on behalf of any Minister of the Crown in relation to equipment that might increase the range of activities and independence or well-being of disabled persons, and in particular such equipment that might improve the indoor and outdoor mobility of such persons.

23 War pensions appeals. U.K.

(1) The M4 Pensions Appeal Tribunals Act 1943 shall have effect with the amendments specified in the subsequent provisions of this section.

(2) In section 5—

(a) so much of subsection (1) as prevents the making of an appeal from an interim assessment of the degree of a disablement before the expiration of two years from the first notification of the making of an interim assessment (that is to say, the words from “if” to “subsection” where first occurring, and the words “in force at the expiration of the said period of two years”) is hereby repealed except in relation to a claim in the case of which the said first notification was given before the commencement of this Act;

(b) in second paragraph of subsection (1) (which defines “interim assesment”for the purposes of that subsection), for the words “this subsection” there shall be substituted the words “this section”;

(c) in subsection (2) (which provides for an appeal to a tribunal from a Ministerial decision or assessment purporting to be a final settlement of a claim) at the end there shall be added the words “and if the Tribunal so set aside the Minister’s decision or assessment they may, if they think fit, make such interim assessment of the degree or nature of the disablement, to be in force until such a date not later than two years after the making of a Tribunal’s assessment, as they think proper”;

(d) subsection (3) (which makes provision as to the coming into operation of section 5) is hereby repealed.

F66 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In consequence of the M5 Secretary of State for Social Services Order 1968, in section 12(1), for the definition of “the Minister” there shall be substituted the following:—

““the Minister”means the Secretary of State for Social Services”.

(6) This section extends to Northern Ireland.

Textual Amendments

F66 S. 23(3)(4) repealed (6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), s. 8, Sch. 3; S.I. 2005/356, art. 2(2), Sch. 2; S.I. 2005/356, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C3 The text of s. 23(2)(b)—(d)(3) and (4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1943 c. 39.

M5 S.I. 1968/1699.

24 Institute of hearing research. E+W+S

The Secretary of State shall collate and present evidence to the Medical Research Council on the need for an institute for hearing research, such institute to have the general function of co-ordinating and promoting research on hearing and assistance to the deaf and hard of hearing.

25—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67 E+W+S

Textual Amendments

F67 Ss. 25–27 repealed (E.W.S.) by (S.) Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5 and (E.W.) Education Act 1981 (c. 60, SIF 41:1), s. 20(2) Sch. 4

28 Power to define certain expressions. E+W+S

Where it appears to the Secretary of State to be necessary or expedient to do so for the proper operation of any provision of this Act, he may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament,

make provision as to the interpretation for the purposes of that provision of any of the following expressions appearing therein, that is to say, “chronically sick”, “chronic illness”, “disabled” and “disability”.

Modifications etc. (not altering text)

C4 S. 28 amended (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 120(4)

C5 S. 28 extended (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 105(5), 164(5) (with s. 167(4)(5)); S.I. 1992/1671, art. 2,Sch.; S.I. 1992/1686, art. 3,Sch.

C6 S. 28 extended (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 82(4); S.I. 1991/2054, art.3, Sch.

F68 28A Application of Act to authorities having functions under the Children Act 1989. E+W

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

Textual Amendments

F68 S. 28A omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 28

29 Short title, extent and commencement. E+W+S

(1) This Act may be cited as the Chronically Sick and Disabled Persons Act 1970.

[F69 (2) [F70 Sections 1(1) and (2)] and 2(1) of this Act shall apply to Scotland so however that—

X1 [F71 ( a ) any references to functions under section 29 of the National Assistance Act M6 1948 shall be construed as references to duties to—

(i) chronically sick or disabled persons; or

(ii) persons suffering from mental disorder,

(being persons in need) to whom section 12 of the Social Work (Scotland) Act M7 1968 applies [F72 except that in case of persons under eighteen years of age such references shall instead be construed as references to duties to disabled children (within the meaning of Chapter 1 of Part II of the Children (Scotland) Act 1995) ] ; ]

[F73 (b) any references to services provided under arrangements made by a local authority under the said section 29 shall be construed as references to services for—

(i) such chronically sick or disabled, or such mentally disordered, persons provided by virtue of the said section 12; or

(ii) such disabled children provided under section 23(1) of the said Act of 1995,

by a local authority;]

(c) in section 2(1) as originally enacted—

(i) the words “ who is ordinarily resident in their area ” shall be omitted;

(ii) for the words from “notwithstanding” to “ that Act ” where those words secondly occur there shall be substituted the words “subject to the provisions of section 5 of the said Act of 1968 (which requires local authorities to exercise their functions under that Act”. ]

(3) Save as otherwise expressly provided by sections 9, 14 and 23, this Act does not extend to Northern Ireland.

(4) This Act shall come into force as follows:—

(a) sections 1 and 21 shall come into force on the day appointed thereunder;

(b) sections 4, 5, 6, 7 and 8 shall come into force at the expiration of six months beginning with the date this Act is passed;

(c) the remainder shall come into force at the expiration of three months beginning with that date.

Editorial Information

X1 S. 29(2)(a) containing paras. (i) and (ii) substituted (S.) for s. 29(2)(a) first appearing by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 103), s. 12(1)

Textual Amendments

F69 S. 29(2) substituted by Chronically Sick and Disabled Persons (Scotland) Act 1972 (c. 51), s. 1(1)

F70 Words in s. 29(2) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 23 (with arts. 1(3), 3); S.I. 2015/993, art. 2

F71 S. 29(2)(a) containing paras. (i) and (ii) substituted (S.) for s. 29(2)(a) first appearing by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 103), s. 12(1)

F72 Words in s. 29(2)(a) added (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(3)(a) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)

F73 S. 29(2)(b) substituted (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(3)(b) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7)

Marginal Citations

M6 1948 c.29(81:3).

M7 1968 c.49(81:3).