Regulation 8 Grounds for refusal to issue a badgeI1

England and Wales

(1)

A local authority may refuse to issue a badge on any of the grounds specified in paragraph (2).

(2)

The grounds are–

(a)

the applicant holds or has held a badge issued under these Regulations F1... and misuse has led to F2a relevant conviction;

(b)

the applicant fails to provide the local authority with adequate evidence–

(i)

in the case of an individual, that he is a person to whom one of the descriptions prescribed by regulation 4 applies F3or that he is resident in the area of that local authority; or

(ii)

in the case of an F4organisation, that it is an organisation eligible to apply for a disabled person’s badge in accordance with regulation 5;

(c)

the applicant fails to pay the fee (if any) chargeable for the issue of a badge; F5...

(d)

the local authority has reasonable grounds for believing that the applicant–

(i)

is not the person that he claims to be; or

(ii)

would permit another person to whom the badge was not issued to display it on a motor vehicle.

F6(e)

F7subject to regulation 4(3A), in the case of an application made pursuant to regulation 4(2)(f), a report by an F8expert assessor stating that one of the criteria specified in that provision is satisfied has not been made available to the local authority in a form satisfactory to the local authority; or

F9(f)

the applicant already holds a valid badge F10issued under section 21 of the 1970 Act or a recognised badge within the meaning of section 21A of that Act.

(3)

Where a local authority receives an application for a disabled person’s badge and refuses to issue one, it shall give the applicant particulars of the grounds of refusal in its notice of determination.

Annotations

Textual amendments

F1: Words in reg. 8(2)(a) revoked (1.12.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (S.I. 2011/2675), regs. 1, 2(6)(a)(i)
F2: Words in reg. 8(2)(a) substituted (1.12.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (S.I. 2011/2675), regs. 1, 2(6)(a)(ii)
F3: Words in reg. 8(2)(b)(i) inserted (1.12.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (S.I. 2011/2675), regs. 1, 2(6)(b)
F4: Word in reg. 8(2)(b)(ii) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 8
F5: Word in reg. 8(2)(c) revoked (1.12.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (S.I. 2011/2675), regs. 1, 2(6)(c)
F6: Reg. 8(2)(e) inserted (1.12.2011) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (S.I. 2011/2675), regs. 1(1), 2(6)(d)
F7: Words in reg. 8(2)(e) inserted (30.8.2019) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2019 (S.I. 2019/891), regs. 1, 2(4)(a) (with reg. 3)
F8: Words in reg. 8(2)(e) substituted (30.8.2019) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2019 (S.I. 2019/891), regs. 1, 2(4)(b) (with reg. 3)
F9: Reg. 8(2)(f) inserted (1.4.2012) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (S.I. 2011/2675), regs. 1(2)(b), 2(6)(d)
F10: Words in reg. 8(2)(f) substituted (8.10.2013) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(3)

Commencement

I1: Reg. 8 in force at 1.4.2000, see reg. 1(1)