HC Deb 26 October 1982 vol 29 cc965-6

REFUSAL OR WITHDRAWAL OF DISABLED PERSONS BADGES

Lords amendment: No. 86 after Clause 56 insert— . In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) after subsection (7) there shall be inserted the following subsections—

"(7A) Where the prescribed conditions are met in the case of any person, then—

  1. (a)if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and
  2. (b)if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them.

The conditions that may be prescribed for the purposes of this subsection are conditions relating to the misuse of badges issued under this section.

(7B) A notice under subsection (7A) above may be given by post.

(7C) A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect.

(7D) A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be so returned by virtue of a notice under subsection (7A) above shall be returned within the prescribed time and may not be displayed on any vehicle after that time.

(7E) Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above ; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide." ."

Mrs. Chalker

I beg to move, That this House doth agree with the Lords in the said amendment.

The purpose of the amendment is to allow disabled people who are refused a new orange parking badge, or asked to return their existing one because of persistent misuse, to appeal to the Secretary of State against the decision of the local authority. It meets requests made at all stages of the Bill. I hope that the House will accept it.

Lords amendment agreed to.

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