The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

A disabled person’s parking badge enables the holder to benefit from a range of parking concessions and exemptions from certain charges which apply to other motorists. The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (“the Principal Regulations”) make provision regarding the issue of badges by local authorities.

Regulation 2 amends the Principal Regulations for the purpose of implementing the Disabled Persons’ Parking Badges Act 2013 (“the 2013 Act”), which amends section 21 of the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act”) and clarifying the application of certain provisions of the Principal Regulations, as follows—

Paragraph (2) amends the definition of “disabled person’s badge” in consequence of the amendment of section 21 of the 1970 Act such that badges must now be in a form specified or approved by the Secretary of State, instead of prescribed by regulations (“the badge form amendment”). It also amends or modifies references in the Principal Regulations to a local authority or to residence in the area of a local authority, for the purpose of a new power introduced by the 2013 Act for the Secretary of State to issue badges to members of HM Armed Forces and certain other persons who are resident in prescribed places (“the Armed Forces amendment”).

Paragraph (3) clarifies the provisions of the Principal Regulations which enable an authority to deny the issue of a badge in circumstances in which the applicant already holds a badge issued by another authority, such that they also apply to recognised badges issued outside Great Britain.

Paragraph (4) clarifies the provisions of the Principal Regulations which require the return of a badge in circumstances in which the holder is issued with a badge by more than one authority, such that they also apply to recognised badges issued outside Great Britain. It also introduces a new requirement that a badge which is retained by a constable or an enforcement officer in certain circumstances pursuant to a new power introduced by the 2013 Act must be returned to the holder as soon as reasonably practicable; and omits provisions of the Principal Regulations concerning appeals, consequent upon the disapplication in England by the 2013 Act of the right to appeal to the Secretary of State.

Paragraph (5) omits further provisions concerning appeals; and substitutes a provision which prescribes places of residence for the purpose of the Armed Forces amendment.

Paragraph (7) omits provisions made redundant by the badge form amendment.

Paragraph (8) omits a Schedule made redundant by the badge form amendment; and substitutes a new Schedule listing the locations in which places of residence may be located for the purpose of the Armed Forces amendment.

These amendments do not have any impact on the costs of business or the voluntary sector. This instrument and the accompanying Explanatory Memorandum are published on www.legislation.gov.uk.