OpenLegislation

Regulation 9 Return of badge to issuing authorityI1

England and Wales

(1)

A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–

(a)

the expiry of the period for which the badge was issued;

(b)

the death of the holder or, in the case of an F1organisational badge, the F2organisation ceasing to exist;

C1(c)

the holder of the badge ceases to be a disabled person or, in the case of an organisational badge, the organisation ceases to be eligible under regulation 5;

(d)

a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;

(e)

the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle F3or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery;

(f)

the badge ceases to be required by the holder F4....

F5(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.

F6(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 shall 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).

(2)

F7... A disabled person’s badge shall, F8... be returned to the issuing authority F9immediately if the authority gives to the holder a notice–

(a)

stating that the authority refuses to allow the badge to continue in use on account of its misuse leading to F10a relevant conviction and giving particulars of that misuse; or

(b)

stating that the authority is satisfied that the badge was obtained by false representation F11or that the holder has purported to transfer the badge to another person.

F12(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in reg. 9(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 9(a)

F2

Word in reg. 9(1) substituted (30.9.2007) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (S.I. 2007/2531), regs. 1, 9(b)

F3

Words in reg. 9(1)(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, 2(7)(a)

F4

Words in reg. 9(1)(f) omitted (8.10.2013) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(a)

F5

Reg. 9(1)(g) inserted (8.10.2013) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(b)

F6

Reg. 9(1A) inserted (8.10.2013) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(c)

F7

Words in reg. 9(2) omitted (8.10.2013) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(d)(i)

F8

Words in reg. 9(2) omitted (8.10.2013) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(d)(ii)

F9

Words in reg. 9(2) inserted (8.10.2013) by The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(d)(iii)

F10

Words in reg. 9(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(7)(c)

F11

Words in reg. 9(2)(b) 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(7)(d)

F12

Reg. 9(3)(4) omitted (8.10.2013) by virtue of The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013 (S.I. 2013/2203), regs. 1, 2(4)(e)

Modifications

C1

Reg. 9(1)(c) excluded (8.4.2013) by The Personal Independence Payment (Transitional Provisions) Regulations 2013 (S.I. 2013/387), regs. 1, 31(2)(b)

Commencement

I1

Reg. 9 in force at 1.4.2000, see reg. 1(1)