DPRR/12-13/50
Disabled Persons’ Parking Badges Bill
Memorandum by the Department for Transport
for the House of Lords
Delegated Powers and Regulatory Reform Committee
Introduction
1. This memorandum has been prepared by the Department for Transport for
the purposes of the House of Lords Delegated Powers and Regulatory
Reform Committee. It identifies the provisions in the Disabled Persons’
Parking Badges Bill which confer powers to make delegated legislation. It
explains the purpose of the delegated power proposed; why the matter is to
be dealt with in delegated legislation; and the nature and justification for any
parliamentary procedures which apply.
Background
2. The ‘Blue Badge’ scheme is administered by local authorities. It provides
parking concessions for certain severely disabled people to enable them to
park without charge or time limit in otherwise restricted on-street
environments (on-street parking meters, pay-and-display, disabled parking
bays) and to park on yellow lines in England for up to three hours. The
scheme has existed since 1971 and facilitates access for 2.5 million disabled
people.
3. The primary legislation governing the scheme is section 21 of the
Chronically Sick and Disabled Persons Act 1970 (the 1970 Act); and sections
115 and 117 of the Road Traffic Regulation Act 1984 (the 1984 Act). Unless
otherwise stated, all references in these Notes to ‘section 21’ are references
to the 1970 Act. Section 21(7) makes provision for matters to be prescribed by
regulations which are subject to annulment by resolution of either House of
Parliament (negative resolution procedure). The Disabled Persons (Badges
for Motor Vehicles) (England) Regulations 2000 (SI 2000/682) are the
relevant regulations as regards England. The equivalent Welsh regulations
are the Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations
2000 (SI 2000/1786).
4. The substantial financial value of a badge is contributing to both increasing
demand for badges and the incentive to commit fraud and abuse of the
scheme. This includes the forgery of badges; the failure to return and/or the
continued use of badges after the validity period has expired or after the death
of the badge holder; and the misuse of genuine badges by unauthorised
persons in circumstances in which the disabled badge holder does not obtain
any benefit. The National Fraud Authority (NFA) estimate abuse of the
scheme to be costing local authorities an estimated £46mn per annum in lost
parking revenue.
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5. The Bill represents the final part of a programme of reforms - developed in
cooperation with local authorities and disability groups – intended to
modernise and improve the scheme by addressing limitations in the current
legislation. The measures will improve the ability of local authorities to tackle
fraud abuse of the scheme. A consultation on proposals was carried out in
March 2010 and indicated widespread support.
Overview of the Bill
6. The Bill seeks to amend section 21 of the 1970 Act and section 117 of the
1984 Act relating to the ‘Blue Badge’ (disabled parking) scheme. Except for
clause 6, the amendments have substantive effect only in England and
Wales. The Bill’s purpose is to:

Provide local authorities with the power to cancel badges no longer
held by the person to whom they were issued (e.g. when the badge is
lost or stolen);

Amend the existing inspection power so that authorised enforcement
officers in plain clothes may inspect badges (currently this is limited to
constables and specified enforcement officers who in consequence of
other legislation generally have to be uniformed);

Provide constables and enforcement officers with power to retain a
badge that has been produced to them and which is cancelled, due for
return, being misused or fake;

Clarify the existing offences relating to the wrongful use of Blue Badges
to put beyond doubt that it is an offence to use a badge that should
have been returned and apply the same offences to a badge that has
been cancelled;

Remove the requirement for the Secretary of State to prescribe the
badge design in regulations and replace it with a requirement that a
badge needs to be in a form approved by the Secretary of State;

Permit the Secretary of State to issue badges to armed forces
personnel and their families posted overseas on UK bases; and

Repeal the provisions providing for an appeal to the Secretary of State
which apply in limited circumstances in which a local authority has
refused an applicant a badge or required a badge to be returned, in
each case, for reasons relating to the misuse of badges.
7. Except for Clause 6 (which concerns HM Armed Forces and is therefore
reserved) the subject matter of the Bill is a devolved matter as regards
Scotland, Wales and Northern Ireland. However as the 1970 Act extends to
England, Wales and Scotland, the Bill extends to all three territories, for which
purpose:
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 clauses 1 to 4 apply to Wales and make substantive changes to the
law in Wales. Welsh Ministers have agreed to introduce a Legislative
Consent Motion into the Assembly following introduction of the Bill in
Westminster;
 by contrast, although the Bill extends to Scotland, it does not change
the law of Scotland in any substantive manner, and therefore does not
contain any provisions falling within the terms of the Sewel Convention. If
there are amendments relating to such matters which trigger the
Convention, the consent of the Scottish Parliament will be sought for them.
Provisions for delegated legislation
Clause 1: Form of parking badges
Power conferred on: Secretary of State
Power exercisable by: regulations made by statutory instrument
Parliamentary procedure: Negative resolution
8. Clause 1 deletes the words “of a prescribed form” from subsection (1) of the
Act. This has the effect of removing the requirement for the Secretary of State
to prescribe the badge design in regulations, thereby protecting disclosure of
the confidential high-security features of the badge and so helping to prevent
forgery. However, as the Act is not to extend to Scotland, new subsection
(1A)(b) restates the existing requirement for the form of badges to be issued in
Scotland to be prescribed in regulations. As the clause restates an existing
power and having regard to the purpose for which the power will be exercised,
the same negative resolution procedure that is currently in the legislation is
considered to afford a requisite level of Parliamentary oversight and control.
Clause 4: Enforcement
Power conferred on: Secretary of State
Power exercisable by: regulations made by statutory instrument
Parliamentary procedure: Negative resolution
9. Clause 4 provides local authority-authorised officers with the power to
retain a badge that has been produced to them and which has been
cancelled, is due for return, is being misused or is a fake. Taking such badges
out of circulation will help prevent further abuse and builds on a
recommendation of the Transport Select Committee.
10. Badges are the property of the issuing authority but the 1970 Act does not
provide a general power to recover a badge. In practice, most parking
enforcement is conducted by traffic wardens and civil enforcement officers. It
is not practicable for them to summon a constable in order to recover a
badge. This means that when an enforcement officer inspects a badge that is
being used illegally he is obliged to return it to the offender. This hinders the
ability of local authorities to enforce the scheme properly. 90% of local
authorities surveyed said they would use this power if it were available.
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11. The provision will allow enforcement authorities to recover badges that are
already cancelled, due for return, fake or are being misused. In the first three
scenarios the holder has no right to them. In the latter scenario, if a third party
is misusing someone else’s badge, it is right to take it from that person to
prevent ongoing abuse but we would not want the genuine holder to be
disadvantaged. We are therefore providing the Secretary of State with the
power to prescribe in regulations a process for the return of such badges to
the rightful holder. Where the issuing authority has recovered the badge it
should be a relatively simple administrative procedure to return the badge to
the holder. However, where a non-issuing authority has recovered the badge,
we envisage the recovering authority will need to return the badge to the
issuing authority – who will hold the personal details of the holder – for
onward transmission to the rightful holder. Not until we have the experience of
badge recovery operating in the real world will we be able to determine
practicable time limits for the return of such badges to the holder. It is also
possible that circumstances may arise which require these limits to be altered.
We therefore deem it appropriate to provide for these matters in delegated
legislation. Having regard to the purpose for which the power will be exercised
and its subject matter, the negative resolution procedure is considered to
afford a requisite level of Parliamentary oversight and control.
Clause 6: Parking badges for disabled service personnel etc overseas
Power conferred on: Secretary of State
Power exercisable by: regulations made by statutory instrument
Parliamentary procedure: Negative resolution
12. Currently section 21(2) of the 1970 Act provides that a badge may be
issued to a disabled person of any prescribed description “resident in the area
of the issuing authority”. This excludes members of HM Armed Forces and
their families posted to UK bases overseas who have ceased to be resident in
the area of any issuing authority. To enable such people to apply for a badge
in future, this clause establishes the Secretary of State as a badge issuing
authority for members of the armed forces and persons employed in support
of those forces – together with members of the same household of such
persons – resident overseas “in places to be prescribed”. We are providing
the Secretary of State with the power to prescribe in regulations the places
overseas in which such people may be resident as the location of UK armed
forces bases abroad is likely to change from time to time. Having regard to the
purpose for which the power will be exercised and its subject matter, the
negative resolution procedure is considered to afford a requisite level of
Parliamentary oversight and control.
Department for Transport
12 September 2012
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