Disabled Persons' Parking Badges Act 2013
Jurisdiction | UK Non-devolved |
Citation | 2013 c. 4 |
(1) In the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act”) , section 21 (badges for display on motor vehicles used by disabled persons) is amended as set out in subsections (2) to (6) .(2) In subsection (1) , the words “of a prescribed form” are omitted.(3) After that subsection there is inserted—“ in valid form ” .(5) In the subsection (4BA) inserted by section 94 of the Traffic Management Act 2004, for “of a form prescribed under this section” there is substituted “ in valid form ” .(6) In the subsection (4BA) inserted by section 73 of the Transport (Scotland) Act 2001, for “of a form prescribed under subsection (1) above” there is substituted “ in valid form ” .(7) In section 117 of the Road Traffic Regulation Act 1984 (wrongful use of disabled person's badge) , in subsection (1) (a) , for “of a form prescribed under section 21” there is substituted “ in valid form, within the meaning given by section 21(1A) ” .(8) Any provision of regulations in force on the commencement of this section that prescribes the form of a badge issued by a local authority in England and Wales continues to have effect (until revoked) as if the reference to specifying a form in subsection (1A) of section 21 of the 1970 Act (inserted by subsection (3) above) included a reference to prescribing a form.(1) Section 21 of the 1970 Act is further amended as follows.(2) After subsection (7A) there is inserted—“ or (7AB) ” .(4) In subsection (7D) , after “which is required to be returned to the issuing authority by virtue of subsection (6) above” there is inserted “ , or which is cancelled under subsection (7AB) above, ” .(1) Section 21 of the 1970 Act is further amended as set out in subsections (2) and (3) .(2) After subsection (4B) there is inserted—“ (4B) , (4BZA) or ” .(4) In section 117 of the Road Traffic Regulation Act 1984 (wrongful use of disabled person's badge) , after subsection (1) there is inserted—
- “(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 and Wales;
- (b) of a prescribed form, in the case of a badge issued by a local authority in Scotland.
- “(7AB) A local authority in England and Wales 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.
- “(4BZA) 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) .
- “(1ZA) In subsection (1) in its application to the use of a vehicle in England and Wales, the reference to a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is to be read as not including a badge that—
- (a) should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A) (b) of that section, or
- (b) has been cancelled under subsection (7AB) of that section.
- (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) .
- “(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...
To continue reading
Request your trial