HC Deb 27 May 1970 vol 801 cc2008-11

Lords Amendment: No. 31, after Clause 17, line page 7, line 27, at end insert new Clause " D ":

" D.—(1) There shall be a badge of a prescribed form to be issued by local authorities for motor vehicles driven by, or used for the carriage of, disabled persons; and—

  1. (a) subject to the provisions of this section, the badge so issued for any vehicle or vehicles may be displayed on it or on any of them either inside or outside the area of the issuing authority; and
  2. (b) any power under section 84C of the Road Traffic Regulation Act 1967 (which was inserted by the Transport Act 1968) to make regulations requiring that orders under the Act shall include exemptions shall be taken to extend to requiring that an exemption given with reference to badges issued by 2009 one authority shall be given also with reference to badges issued by other authorities.

(2) A badge may be issued to a disabled person of any prescribed description resident in the area of the issuing authority for one or more vehicles which he drives and, if so issued, may be displayed on it or any of them at times when he is the driver.

(3) In such cases as may be prescribed, a badge may be issued to a disabled person of any prescribed description so resident for one or more vehicles used by him as a passenger and, if so issued, may be displayed on it or any of them at times when the vehicle is being used to carry him.

A badge may be issued to the same person both under this subsection and under subsection (2) above.

(4) A badge may be issued to an institution concerned with the care of the disabled for any motor vehicle or, as the case may be, for each motor vehicle kept in the area of the issuing authority and used by or on behalf of the institution to carry disabled persons of any prescribed description; and any badge so issued may be displayed on the vehicle for which it is issued at times when the vehicle is being so used.

(5) A local authority shall maintain a register showing the holders of badges issued by the authority under this section, and the vehicle or vehicles for which each of the badges is held; and in the case of badges issued to disabled persons the register shall show whether they were, for any motor vehicle, isued under subsection (2) or under subsection (3) or both.

(6) A badge issued under this section shall remain the property of the issuing authority, shall be issued for such period as may be prescribed, and shall be returned to the issuing authority in such circumstances as may be prescribed.

(7) Anything which is under this section to be prescribed shall be prescribed by regulations made by the Minister of Transport and Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and regulations so made may make provision—

  1. (a) as to the cases in which authorities may refuse to issue badges, and as to the fee (if any) which an authority may charge for the issue or re-issue of a badge; and
  2. (b) as to the continuing validity or effect of badges issued before the coming into force of this section in pursuance of any scheme having effect under section 29 of the National Assistance Act 1948 or any similar scheme having effect in Scotland: and
  3. (c) as to any transitional matters, and in particular the application to badges issued under this section of orders made before it comes into force and operating with reference to any such badges as are referred to in paragraph (b) above (being orders made, or having effect as if made, under the Road Traffic Regulation Act 1967).

(8) The local authorities for purposes of this section shall be the common council of the City of London, the council of a county or county borough in England or Wales or of a London borough and the council of a county or large burgh in Scotland; and in this section 'motor vehicle' has the same meaning as in the Road Traffic Regulation Act 1967.

(9) This section shall come into operation on such date as the Minister of Transport and Secretary of State may by order made by statutory instrument appoint."

Mr. Speaker

I call the attention of the House to the fact that privilege is involved in this Amendment.

Motion made, and Question proposed, That this House doth agree with the Lords in the said Amendment.—[Mr. Alfred Morris.]

Mr. Neil Marten (Banbury)

While I think the draftsmen have made heavy weather of this Clause I hope the House will agree with it. I would like to make two small points. One is a purely drafting one. Subsection (2) says: A badge may be issued to a disabled person of any prescribed description… I assume that that means a " badge of any prescribed description may be issued to a disabled person, and that the Clause does not intend prescribing a disabled person. It might be as well to have that explained.

Secondly, can we know whether, should there be a disagreement about whether a badge should be issued or not to a disabled person, there is any right of appeal?

Mr. David Weitzman (Stoke Newington and Hackney, North)

I am glad that the Government have seen fit to support this Lords Amendment. When the Bill was passing through this House we had difficulty in persuading the Government in this direction. I am glad that they have agreed to this Amendment. It will make a crucial contribution to assisting chronically disabled persons. To a disabled person using an invalid carriage traffic problems are always serious, and particularly are the problems of parking and waiting. I particularly like the fact that regulations will be made in such a way that what is decided by one authority will be followed by another authority. Today great difficulty arises because so often when one authority agrees to certain things being done another authority does not also agree to their being done. I hope that the regulations made under this provision will ensure full co-operation.

The Joint Under-Secretary of State for Health and Social Security (Dr. John Dunwoody)

Very briefly to take the point about the badges, it is intended that it is the badges which will be of the prescribed description.

I do not think there is any need to write into the legislation appeal machinery. I hope that there will not be any disputes, because this new Clause introduces a scheme involving the benefit of disabled persons to whom badges may be issued by local authorities on proof of their disablement, and as to that, provision is made for regulations to be made by the Minister of Transport. The new Clause also provides that badges may be issued to institutions concerned with the care of the disabled, for use on their vehicles when they are used to convey disabled people about.

Question put and agreed to—[Special Entry.]

Forward to