Explanatory Memorandum to 2007 Blue Badge Amendment Regulations

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Explanatory memorandum to

The Disabled Persons (Badges for motor vehicles) (England) (Amendment) Regulations 2007

and

The Disabled Persons (Badges for motor vehicles) (England) (Amendment no. 2) Regulations 2007

2007 No. 2531 & 2600

1. This explanatory memorandum has been prepared by the Department for Transport (DfT) and is laid before Parliament by Command of Her Majesty.

2.  Description

2.1 The effect of the main Instrument – The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007- is to amend the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (S.I. 2000/682) so as to extend eligibility for a Blue (disabled persons' parking) Badge to cover certain children under two years of age; to amend the eligibility criterion for people with a severe disability in both arms; to re-define the issue period for a badge; to make modifications to the design of the badge, including the addition of a hologram as a security device; and to remove eligibility relating to people supplied with a vehicle at public expense, a Scheme which is long defunct. 

2.2 The effect of the second Instrument - The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment No. 2) Regulations 2007- is to amend the date that the former instrument comes into effect (from 30 September 2007 to 15 October 2007) in order to give local authorities more time to prepare for the changes.

3. Matters of special interest to the Joint Committee on Statutory Instruments

3.1   None.  

4. Legislative Background

4.1 The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 provide for a disabled persons’ parking badge Scheme (known as the Blue Badge Scheme).  The Scheme, which was formerly known as the Orange Badge Scheme, was first introduced in 1971 and provides a national arrangement of on-street parking concessions for severely disabled people. The 2000 Regulations prescribe, amongst other issues, the classes of person to whom a badge may be issued, the period for which a badge is valid and the form of the badge.  The Regulations also provided for the issues of badges to individual disabled persons and to organisations concerned with the welfare of disabled persons.

5. Extent

5.1 This instrument applies to England only, as responsibility for the Scheme is a  devolved matter.  The operation of the Scheme in Scotland has been updated in a similar manner by the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (SSI 2007/162). 

6. European Convention on Human Rights

6.1 As the instrument is subject to the negative resolution procedure and does not amend primary legislation no statement is required.

7. Policy background

7.1 The Blue Badge Scheme was introduced in 1971 to provide a national arrangement of on-street parking concessions for people with severe mobility problems.  There are currently around 2 million badge holders in England and subscription to the Scheme has been growing at an annual rate of around 6% since 1987.

7.2 The Scheme has been reviewed on several occasions since 1971. The previous review of the Scheme took place between 1999 and 2002. This culminated in the production of 47 recommendations by the Disabled Persons Transport Advisory Committee (DPTAC), the Government’s statutory advisers on the public passenger transport needs of severely disabled people.
 
7.3 The Government responded in 2002 and accepted the majority of DPTAC’s recommendations, but decided that some of which required additional research and further cross governmental consideration, a process that is on-going, as part of a current strategic review of the Scheme (see paragraph 7.5 below). 

7.4 The draft regulations and guidance for issuing authorities were published for consultation in March 2007.  The closing date for comments was 19 June. 167 consultation responses were received.  Analysis of these indicated that, although the majority of proposals received broad stakeholder support, there were several issues which required further consideration.  Following agreement with the Minister, the original proposed regulations were amended further, mainly to:

  • include casts, for the correction of hip dysplasia, to the list of bulky medical equipment;
  • remove the word “congenital” from the upper limb criteria (“severe congenital disability"), as it was considered discriminatory, since it did not cover people who had acquired the same degree of disability due to trauma or disease.  The definition of “severe disability” will be explained fully in the guidance issued to local authorities; and
  • make additional changes to the badge design, including the introduction of male and female markers to aid parking enforcement.

7.5 An independent strategic review of the Scheme is currently underway and is due to report to Ministers in September 2007.  This review will contribute to the formulation of a Blue Badge Reform Strategy which will be in place by April 2008.  It will also address all other outstanding DPTAC recommendations, such as the application fee, the issue of temporary badges, research into the mobility requirements of other groups of disabled people, and other issues including the exploitation of new technologies to assist effective enforcement.

7.6 As well as the revised guidance to issuing authorities, the DfT is also intending to publicise examples of local authority good practice.  A revised version of the explanatory booklet which is issued to all successful applicants for a Blue Badge will also be available.  

7.7 This Instrument introduces a new category of eligibility for children under the age of two who, because of a specific medical condition, need to travel with bulky medical equipment or be able to use a vehicle for treatment or to travel to a place where treatment is available quickly.  This will reverse legislation passed in 1982 which specifically excluded children under the age of two from the Scheme on the basis that they do not experience greater mobility problems than other children of this age.  Badges issued under this criterion will expire on the day after the child's second birthday.

7.8. This Instrument also contains provisions to revoke redundant eligibility criteria relating to people supplied with a vehicle at public expense; known as the Invalid Vehicle Scheme (IVS) (or “blue trike” Scheme).  The IVS was officially closed on 31 March 2003 and no blue trikes remain in use.

7.9 The Instrument facilitates the issue of badges for a period of less than three years (currently badges can only be issued for three years) to people who are awarded the Higher Rate Mobility Component of the Disability Living Allowance (HRMCDLA) or War Pensioners' Mobility Supplement (WPMS) for less than this period.  The previous regulations contained an anomaly whereby an individual in receipt of HRMCDLA or WPMS for a period of less than three years was automatically entitled to a three-year Blue Badge.  In future, the period of issue of the badge will be tied directly to the period of receipt of HRMCDLA or WPMS.  Individuals who qualified for a badge under the previous criteria will not have their badges rescinded but will instead be re-assessed under the new criteria once their badges expire.

7.10 Changes to the current criterion for the issue of badges to people with severe disabilities in both arms who drive a vehicle regularly and are unable to operate, or have considerable difficulty operating, all or some types of parking meters or pay and display equipment have also been included.  The wording of the previous criterion required an applicant to have an inability to turn a steering wheel by hand even if the wheel is fitted with a steering knob.  However, we were aware that this wording acted against our policy intention by excluding a number of people with Thalidomide-related disabilities, who could drive a vehicle without adaptations to the steering wheel, but were unable to use parking meters.

7.11 Revisions have also been made to the design of both the "individual" and “organisational” badge.  A hologram has been added to the front of both individual and organisational badges for security purposes. 

7.12 This Instrument will introduce additional wording (“Front – Display this side up”) to both individual and organisational badges to clearly identify the front of the badge.  This is designed to help those badge holders who are failing to display their badges correctly and incurring parking fines as a result because of confusion over which is the front of the badge.

7.13 This Instrument will also revise the out-dated form of wording shown on the front of the badges (“Parking Card for People with Disabilities”) to the clearer and more commonly used wording “Parking Card for Disabled People”.

7.14 This Instrument will also change the design of the badge in response to suggestions for creating easier parking enforcement.

7.15 In addition, this Instrument includes further amendments to reflect changes in primary legislation on the Blue Badge Scheme made by the Disability Discrimination Act 2005 (Schedule 1, Part 2) largely to replace outdated terminology used in the administration of the Scheme.  Among these, section 21 of the Chronically Sick and Disabled Persons Act 1970 was amended to refer to a badge issued to “an organisation” instead of “an institution”.  Consequential changes have been made accordingly. 

8. Impact

8.1 The impact on the public sector is negligible.

8.2 A final Regulatory Impact Assessment is appended to this memorandum

9. Contact

Sam Waugh at the Department for Transport (Tel: 020 7944 3590 or email: sam.waugh@dft.gsi.gov.uk) can answer any queries regarding the Instrument.