The Disabled Persons (Badges for Motor Vehicles) (Wales)(Amendment) Regulations 2014

• Citation: S.I. 2014/3082 (W.)
• Sections: 2

Section 1 Title, commencement, application and interpretation

(1) The title of these Regulations is The Disabled Persons (Badges for Motor Vehicles) (Wales) (Amendment) Regulations 2014 and they come into force on 17 December 2014.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations, “mental disorder” (“ anhwyldermeddyliol ”) has the same meaning as in section 1(2) of the Mental Health Act 1983 .

Section 2 Amendment of Regulations

(1) The Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “disabled person’s badge”, for “in the form prescribed by regulation 11” substitute “of a form specified or approved in accordance with section 21(1A) of the 1970 Act”.

(3) In regulation 4 (descriptions of disabled persons)—

(a) for paragraph (2)(dd) substitute—

(dd) has received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserved Forces (Compensation Scheme) Order 2011 (“the 2011 Order”)—

(i) within tariff levels 1 to 8 inclusive as set out in Part 1, Schedule 3 to the 2011 Order and has been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking; or

(ii) at tariff level 6 within Table 3 (Mental Disorders) of Part 1, Schedule 3 to the 2011 Order.

(b) after paragraph (2)(f) insert—

(ff) as a result of a mental disorder is unable to follow the route of a familiar journey without the assistance of another person;

(4) In regulation 8 (grounds for refusal to issue a badge), in paragraph (2)(e), for “which has been issued by another issuing authority” substitute “issued under section 21 of the 1970 Act or a recognised badge within the meaning of section 21A of that Act”.

(5) In regulation 9 (return of badge to issuing authority)—

(a) in paragraph (1)(f), delete “or another valid badge is issued to the holder by another issuing authority”;

(b) after paragraph (1)(f), insert—

;or

(g) the holder is issued with another valid badge under section 21 of the 1970 Act or with a recognised badge within the meaning of section 21A of that Act.

(c) after paragraph (1), insert—

(1A) In the case of a badge to which section 21(4D)(b)(iii) of the 1970 Act applies which is retained by a constable or enforcement officer pursuant to that section, the badge must be returned as soon as reasonably practicable—

(a) to the issuing authority; and

(b) after return to the issuing authority, by the issuing authority to the holder, provided that the issuing authority does not have grounds for giving a notice to the holder pursuant to paragraph (2).

(6) In the heading to Part III, omit “Form and”.

(7) Omit regulation 11 (form of badge).

(8) Omit the Schedule.