Explanatory note

A disabled person’s parking badge (“Blue Badge”) enables the holder to benefit from a range of parking concessions and exemptions from certain charges which apply to other motorists. The Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 (“the Principal Regulations”) make provision regarding the issue of badges by local authorities.

Regulation 2 amends the Principal Regulations to reflect amendments made by the Disabled Persons’ Parking Badges Act 2013 (“the 2013 Act”), to section 21 of the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act”) about the form of the Blue Badge and clarifies the application of certain provisions of the Principal Regulations.

Regulation 2 also introduces 2 new classes of eligibility. A Blue Badge may now be provided to persons in receipt of certain lump sum benefits provided under the Armed Forces and Reserved Forces (Compensation Scheme) Order 2011 where they have sustained permanent mental disorder causing severe functional limitation or restriction. A Blue Badge may also be provided to persons who, as a result of a mental disorder are unable to follow the route of a familiar journey without the assistance of another person.

Paragraph (2) of regulation 2 amends the definition of “disabled person’s badge” to reflect changes made by the 2013 Act which provide that badges must now be in a form approved in accordance with section 21(1A) of the 1970 Act instead of prescribed within regulations.

Paragraph (4) of regulation 2 clarifies the provisions of the Principal Regulations which enable an authority to refuse to issue a badge in circumstances in which the applicant already holds a badge issued by another authority, such that they also apply to a badge issued outside Wales.

Paragraph (5) of regulation 2 clarifies the provisions of the Principal Regulations which require the return of a badge in circumstances in which the holder is issued with a badge by more than one authority, such that they also apply to badges issued outside Wales. It also introduces a new requirement that a badge which is retained by a constable or an enforcement officer in certain circumstances pursuant to a new power introduced by the 2013 Act must be returned to the holder as soon as reasonably practicable.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Public Transport Division, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.