Disabled Persons' Parking Badges Act 2013

JurisdictionUK Non-devolved
Citation2013 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—
  • “(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.
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;of a prescribed form, in the case of a badge issued by a local authority in Scotland.(4) In subsection (4B) , for “of a form prescribed under this section” there is substituted “ 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—
  • “(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.
because the person notifies the authority that it has been lost or stolen, orfor any other reason.(3) In subsection (7B) , 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—
  • “(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) .
the badge should have been returned to the issuing authority in compliance with regulations under subsection (6) or a notice under subsection (7A) (b) , orthe badge has been cancelled under subsection (7AB) .(3) In subsection (4C) , for “(4B) or” there is substituted “ (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—
  • “(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.
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, orhas been cancelled under subsection (7AB) of that section.(1) Section 21 of the 1970 Act is further amended as follows.(2) In the subsection (4BB) inserted by section 94 of the Traffic Management Act 2004 (meaning of “enforcement officer”) , at the end there is inserted—
  • (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) .
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, andis authorised in writing by the authority to exercise the powers in subsections (4BA) and (4D) .(3) After subsection (4BD) there is inserted—
  • “(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...
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

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