The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011

Made: 10th February 2011

Laid before the Scottish Parliament: 14th February 2011

Coming into force: 1st April 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 1970[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 and come into force on 1stApril 2011.

Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000

2

• (1) The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000[^f00002] are amended as follows.

• (2) In regulation2(1) (interpretation), in the definition of “disabled person” omit “more than 2years old and”.

• (3) In regulation 4 (descriptions of disabled persons)—

• (a) in paragraph(1)(b)[^f00003] for “2” substitute “3”;

• (b) in paragraph(2)[^f00004]—

• (i) in subparagraph(e) omit “congenital”;

• (ii) in subparagraph(f) for “has considerable difficulty in walking” substitute “virtually unable to walk”; and

• (iii) in subparagraph(g) for “has considerable difficulty in walking” substitute “virtually unable to walk”; and

• (c) in paragraph(4)—

• (i) at the end of subparagraph(a)(vi) omit “and”; and

• (ii) after subparagraph(a)(vii) insert—

(viii) casts and associated medical equipment for the correction of hip dysplasia; and

• (4) In regulation6(2)(a)[^f00005] (fee for issue and period of issue of a badge) for “second” substitute “third”.

• (5) In regulation7(1) (replacement badges), after “on the front” insert “along with the date of issue and the date on which the original badge is no longer valid”.

• (6) In regulation 10(4) (appeals) for “Executive Development Department, Transport Division2” substitute “Government, Transport Directorate, Transport Strategy Division, Area 2D-North”.

Signed

KEITH BROWN — Authorised to sign by the Scottish Ministers — 10th February 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (“the principal Regulations”).

These Regulations amend the definition of “disabled person” in regulation2 of the principal Regulations by deleting reference to the age limit of 2years old and amend the category of disabled person provided in regulation4(1)(b) of the principal Regulations to a person under the age of 3years old.

These Regulations also delete the word “congenital”, substitute a new term regarding ability to walk and add a new description of “bulky medical equipment” in regulation4 of the principal Regulations.

These Regulations also amend the details that will be included on replacement badges and amend the address in relation to sending a notice of appeal to the Scottish Ministers.

Footnotes

[^f00001]: 1970 c.44. Section21 was amended by the Local Government Act 1972 (c.70), Schedule14; the Transport Act 1982 (c.49), section 68; the Road Traffic Regulation Act 1984 (c.27), Schedule13, paragraph11; the Local Government Act 1985 (c.51), Schedule5; the Road Traffic Act 1991 (c.40), section35 and Schedule8; the Local Government (Wales) Act 1994 (c.19), Schedule10, paragraph8; and the Local Government etc. (Scotland) Act 1994 (c.39), Schedule13, paragraph86. The functions of the Secretary of State, in or as regards to Scotland, were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: S.S.I. 2000/59, amended by S.S.I. 2000/170, 2002/451 and 2007/162.

[^f00003]: Regulation 4(1)(b) was substituted by the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regulation 5(2).

[^f00004]: Regulation4(2)(e) to (g) was substituted by S.S.I.2007/162, regulation5(3)(c).

[^f00005]: Regulation6(2)(a) was substituted by the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I.2007/162), regulation7(3).