Chwilio Deddfwriaeth

Chwiliad Uwch

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000

Help about what version

Pa Fersiwn

Help about advanced features

Nodweddion Uwch

Rhagor o Adnoddau

Changes to legislation:

There are currently no known outstanding effects for the The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000, PART II. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART IISISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled personsS

4.—[F1(1) The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are–

(a)a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);

(b)a person who is not more than [F23] years old and falls within either or both of the descriptions specified in paragraph (3).]

(2) The descriptions [F3referred to in paragraph (1)(a)] are a person who–

(a)receives the higher rate of the mobility component of the disability living allowance in accordance with section 73 of the Social Security Contributions and Benefits Act 1992(1);

[F4(aa)receives personal independence payment and who has been assessed as having—

(i)severely limited ability (within the meaning of regulation 6(3)(b) of the Social Security (Personal Independence Payment) Regulations 2013) in respect of activity 1 (planning and following journeys) in Part 3 of Schedule 1 to those Regulations; or

(ii)limited ability (within the meaning of regulation 6(3)(a) of those Regulations) in respect of activity 2 (moving around) in that Part;]

[F5(ab)has—

(i)had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013 and immediately before that happened was a disabled person by virtue of sub-paragraph (a); and

(ii)made a revision request which falls within paragraph (5);

(ac)has had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013 and immediately before that happened was a disabled person by virtue of sub-paragraph (a) with the relevant award of disability living allowance having been made without limit of time;]

[F6(ad)receives the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment,]

[F7(ae)receives—

(i)the enhanced rate of the mobility component of adult disability payment in accordance with regulation 6 (mobility component) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the Adult Disability Payment Regulations”), where the person has obtained a score of 12 points in relation to mobility activity 1 (planning and following journeys) set out in Column 1 of the table in Part 3 of schedule 1 (adult disability payment determination – mobility activities) of those Regulations,

(ii)the standard or enhanced rate of the mobility component of adult disability payment in accordance with regulation 6 of the Adult Disability Payment Regulations, where the person has obtained a score of at least 8 points in relation to mobility activity 2 (moving around) set out in Column 1 of the table in Part 3 of schedule 1 of those Regulations, or

(iii)short-term assistance in accordance with Part 1 (short-term assistance) of schedule 2 of the Adult Disability Payment Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule entitled the person to receive an award of adult disability payment as described in either head (i) or (ii) above,]

(b)[F8is in receipt of a grant pursuant to] section 46 of the National Health Service (Scotland) Act 1978(2);

(c)is a blind person within the meaning of section 64(1) of the National Assistance Act 1948(3) or is registered as blind under section 29(4)(g) of that Act;

(d)receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(4) including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983(5);

[F9(da)has—

(i)received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 within tariff levels 1 to 8 (inclusive); and

(ii)been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking;]

[F10(e)drives a vehicle regularly, has a severe F11... disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;

(f)[F12subject to paragraph (3A), has been certified by an independent mobility assessor as being] unable to walk or [F13virtually unable to walk] by reason of a permanent and substantial disability; F14...

(g)[F15subject to paragraph (3A), has been certified by an independent mobility assessor as being] unable to walk or [F16virtually unable to walk] by reason of a temporary but substantial disability which is likely to last for a period of at least 12 months beginning with the date on which the badge is issued] [F17; or

(h)falls within paragraph (2A)].

[F18(2A) A person falls within this paragraph if that person—

(a)has a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; [F19and]

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(c)subject to paragraph (3B), has been certified by an independent mobility assessor—

(i)as temporarily lacking, for a period likely to last at least 12 months beginning with the date on which the badge is issued, an awareness of danger from traffic likely to compromise the safety of the person, or the safety of other persons, during journeys; or

(ii)as permanently lacking such awareness.]]

[F22(3) The descriptions referred to in paragraph (1)(b) are–

(a)a child who has a medical condition that requires that he be always accompanied by bulky medical equipment which can be kept in a motor vehicle but which cannot be carried around with the child without great difficulty;

(b)a child who has a medical condition that requires that he must always be kept near a motor vehicle so that he can if necessary be treated for that condition in the vehicle or taken quickly in the vehicle to a place where he can be so treated.

[F23(3A) A person is to be deemed to be within the description set out in paragraph (2)(f) or (2)(g) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person has a permanent and substantial disability or a temporary and substantial disability which renders the person unable to walk or virtually unable to walk.]

[F24(3B) A person is deemed to be within the relevant description set out in paragraph (2A)(c) in the absence of the certification required there if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self-evident, by reason of the information the authority has about the person, that the person has a temporary or permanent lack of awareness of the type set out in the relevant description.]

(4) In this regulation–

(a)“bulky medical equipment” includes in particular any of the following:–

(i)ventilators;

(ii)suction machines;

(iii)feed pumps;

(iv)parenteral equipment;

(v)syringe drivers;

(vi)oxygen administration equipment; F25...

(vii)continual oxygen saturation monitoring equipment; and

[F26(viii)casts and associated medical equipment for the correction of hip dysplasia; F27...]

(b)“parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)) [F28; and

(c)“revision request” means an application to the Secretary of State for a revision under regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 of the decision as to whether the person in question is entitled to personal independence payment or on the amount of that payment.]]

[F29(5) A revision request falls within this paragraph if it is made by a person—

(a)no earlier than a year before that person made the application for a disabled person’s badge which is under consideration;

(b)no earlier than a year before the expiry date of any disabled person’s badge held by that person.]

Textual Amendments

Commencement Information

I1Reg. 4 in force at 1.4.2000, see reg. 1(1)

[F30Organisational badgesS

5.  An organisational badge may be issued to an organisation for a motor vehicle which is to be used to carry disabled persons falling within one or more of the descriptions specified in regulation 4(2) or (3).]

Textual Amendments

Fee for issue and period of issue of a badgeS

6.—(1) The fee (if any) which a local authority may charge for the issue of a disabled person’s badge is a fee not exceeding [F31£20].

[F32(2) Subject to [F33[F34paragraphs (3) and (4)] and] regulations 7(2) and 9, a disabled person’s badge shall be issued–

(a)to a person falling within the description specified in regulation 4(1)(b), for a period ending on the day immediately following his [F35third] birthday;

(b)to a person falling within the description specified in regulation 4(2)(a) [F36, 4(2)(ad)] or 4(2)(d), for whichever is the shorter of–

(i)the period of 3 years which begins with the date of issue; or

(ii)the period which begins with the date of issue and ends on the date on which he will cease to receive the higher rate of the mobility component of the disability living allowance [F37, the child disability payment, the short-term assistance] or the mobility supplement;

[F38(ba)to a person falling within the description specified in regulation 4(2)(aa) [F39or 4(2)(ae)], for whichever is the shorter of—

(i)the period of 3 years beginning with the date of issue; or

(ii)the period which begins on the date of issue and ends on the date on which the relevant award of personal independence payment [F40, adult disability payment, or short-term assistance] ends;]

[F41(bb)to a person falling within the description specified in regulation 4(2)(ab), for the period of 1 year beginning with the date of issue;]

(c)to a person falling within the description specified in regulation 4(2)(g) [F42or regulation 4(2A)(c)(i)], for a period of such length as the local authority issuing it may determine, being not more than 3 years nor (except when granted by way of renewal) less than 1 year beginning with the date of issue;

F43(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to a person not falling within [F44any of the foregoing sub-paragraphs] for a period of 3 years beginning with the date of issue;

F45(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F46(3) Where a person falls within sub-paragraph (b) or (ba) of paragraph (2) and also falls within sub-paragraph (c) of that paragraph, a badge shall be issued for whichever is the longer period under a sub-paragraph applying to him.]

[F47(4) Where a person falls within the description specified in regulation 4(2)(a) and is in receipt of an award of disability living allowance which has been extended whilst an application by that person for personal independence payment is being considered, a disabled person’s badge shall be issued for whichever is the shorter of—

(a)the period of 3 years which begins with the date of issue; or

(b)the period which begins with the date of issue and runs for the same length of time as the award of disability living allowance which has been extended was made for.]

Textual Amendments

Commencement Information

I2Reg. 6 in force at 1.4.2000, see reg. 1(1)

Replacement badgesS

7.—(1) When a disabled person’s badge (“the original badge”) has been lost, stolen or destroyed, or has become so damaged or faded as no longer to be adequately legible when displayed on a vehicle [F48or as otherwise prevents it from being identified correctly or distinguished from a forgery], a replacement badge may be issued [F49in a form which identifies by consecutive numbering each successive badge issued to that disabled person or organisation (as the case may be) by the issuing authority] [F50along with the date of issue and the date on which the original badge is no longer valid].

(2) A replacement badge shall be valid from the date of issue until such time as the original badge would have ceased to be valid.

Textual Amendments

Commencement Information

I3Reg. 7 in force at 1.4.2000, see reg. 1(1)

Grounds for refusal to issue a badgeS

8.—(1) A local authority may refuse to issue a badge on any of the grounds specified in paragraph (2).

(2) The grounds are–

(a)the applicant holds or has held a badge issued under these Regulations F51... and misuse has led to [F52a relevant conviction];

(b)the applicant fails to provide the local authority with adequate evidence–

(i)in the case of an individual, that he is a person to whom one of the descriptions prescribed by regulation 4 applies [F53or that he is resident in the area of that local authority]; or

(ii)in the case of an [F54organisation], that it is an [F54organisation] eligible to apply for a disabled person’s badge in accordance with regulation 5;

[F55(ba)the applicant already holds a valid badge which has been issued by another issuing authority;]

(c)the applicant fails to pay the fee (if any) chargeable for the issue of a badge;

[F56(ca)in the case of an application made pursuant to regulation 4(2)(f) or (g), a report by an independent mobility assessor stating that one of the criteria specified in those provisions is satisfied has not been made available to the local authority in a form satisfactory to the local authority;] or

(d)the local authority has reasonable grounds for believing that the applicant–

(i)is not the person that he claims to be; or

(ii)would permit another person to whom the badge was not issued to display it on a motor vehicle.

(3) Where a local authority receives an application for a disabled person’s badge and refuses to issue one, it shall give the applicant particulars of the grounds of refusal in its notice of determination.

Textual Amendments

Commencement Information

I4Reg. 8 in force at 1.4.2000, see reg. 1(1)

Return of badge to issuing authorityS

9.—(1) [F57Subject to paragraph (1A), a] disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events, namely–

(a)the expiry of the period for which the badge was issued;

(b)the death of the holder or, in the case of an [F58organisational] badge, the [F59organisation] ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an [F58organisational] badge, the [F59organisation] ceases to be eligible under regulation 5;

(d)a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;

(e)the badge has become so damaged or faded as no longer to be adequately legible when displayed on a vehicle [F60or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery];

(f)the badge ceases to be required by the holder [F61or another valid badge is issued to the holder by another issuing authority].

[F62(1A) A badge need not be returned under paragraph (1)(c) where—

(a)a person has had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013; and

(b)immediately before that happened the person was a disabled person by virtue of regulation 4(2)(a) above.]

(2) Subject to the provisions of regulation 10, a disabled person’s badge shall, within the prescribed period, be returned to the issuing authority if the authority gives to the holder a notice–

(a)stating that the authority refuses to allow the badge to continue in use on account of its misuse leading to [F63a relevant conviction] and giving particulars of that misuse; or

(b)stating that the authority is satisfied that the badge was obtained by false representation [F64or that the holder has purported to transfer the badge to another person].

(3) For the purposes of paragraph (2) the prescribed period is–

(a)where no appeal is made in accordance with regulation 10, the period of 28 days beginning with the day on which the notice under paragraph (2) was issued;

(b)where any appeal is made in accordance with regulation 10(1) and the appeal is not allowed and no further appeal is made under regulation 10(11), the period of 28 days beginning with the day on which the Scottish Ministers give notice of their determination of the appeal;

(c)where any appeal is made in accordance with regulation 10(11) and the appeal is not allowed, the period of 28 days beginning with the day on which the sheriff gives notice of his determination of the appeal.

(4) The issuing authority may take such action as may be appropriate to recover a disabled person’s badge which the holder is liable to return in accordance with this regulation.

Textual Amendments

Commencement Information

I5Reg. 9 in force at 1.4.2000, see reg. 1(1)

[F65Return of retained badgeS

9A.—(1) This regulation applies to a disabled person’s badge which—

(a)has been retained on the ground referred to in sub-paragraph (iii) of paragraph (b) of section 21(4D) of the 1970 Act; and

(b)does not fall within sub-paragraph (i) or (ii) of that paragraph.

(2) The constable or enforcement officer who has retained the badge is to return it to the issuing authority as soon as reasonably practicable.

(3) On receipt of a badge returned under paragraph (2), the issuing authority is to return it to the holder as soon as reasonably practicable.

(4) If a badge is returned under this regulation more than 14 days after it was retained, the issuing authority is to explain in writing to the holder the reasons for the delay.]

Textual Amendments

AppealsS

10.—(1) An applicant for a disabled person’s badge whose application has been refused on the ground specified in regulation 8(2)(a) or the holder of a badge who has been required to return it in accordance with regulation 9(2) may appeal to the Scottish Ministers against the determination of the local authority in accordance with this regulation.

(2) The appeal shall be made by notice given within the period of 28 days beginning with the day on which the notice of the determination is given and the procedure specified in the following provisions of this regulation shall apply, except that, if the Scottish Ministers consider it appropriate in the circumstances of a particular case, they may determine an appeal even though the provisions of paragraphs (3) to (5) have not been complied with.

(3) The notice of appeal shall be dated and signed by the appellant (or by a person authorised to sign on his behalf) and shall state the grounds of appeal.

F66(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) On receipt of the appeal the Scottish Ministers shall send a copy of it to the local authority against whose determination the appeal is made and, within the period of 28 days beginning with the date of the notice of appeal, the local authority shall send to the Scottish Ministers and the appellant–

(a)a copy of the notice issued by it to the appellant in accordance with regulation 8(3) or 9(2); and

(b)any representation that it wishes the Scottish Ministers to take into account in determining the appeal.

(6) The appellant may make representations by way of reply to any representations made by the local authority within the period of 28 days beginning with the date of those representations.

(7) Any representations made by the local authority or the appellant shall be dated and signed and submitted to the Scottish Ministers on the date they bear.

(8) The Scottish Ministers may in a particular case give directions setting later time limits than those prescribed by these Regulations.

(9) When the Scottish Ministers determine an appeal they shall–

(a)give notice to the appellant of their determination and of the reasons for it; and

(b)send a copy of the notice to the local authority.

(10) If the Scottish Ministers refuse an appeal and further appeal is not made under paragraph (11) the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(b).

(11) A person aggrieved by a notice given by the Scottish Ministers under paragraph (9) may, within the period of 28 days beginning with the day on which that notice is given, appeal under section 50 of the Sheriff Courts (Scotland) Act 1907(6) to the sheriff by way of summary application and the sheriff may confirm, vary or quash the notice as he thinks just, and make such order in the matter as he considers equitable, and the determination of the sheriff on any such appeal shall be binding on all parties, and shall be final.

(12) If the sheriff refuses an appeal the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).

(13) In this regulation references to representations include a reference to supporting documents.

Textual Amendments

Commencement Information

I6Reg. 10 in force at 1.4.2000, see reg. 1(1)

[F67Review of local authority decisionS

10A.—(1) Where a local authority has decided that a person (“the applicant”) is not a disabled person of a description specified in regulation 4, an application for review of that decision may be made by—

(a)the applicant; or

(b)any person appearing to the local authority to be an appropriate representative of the applicant.

(2) An application for review must—

(a)be made in writing to the local authority;

(b)be made within 28 days of notification to the applicant of the authority’s decision; and

(c)set out the reasons for the application.

(3) On receipt of an application for review, a local authority is to arrange for its decision to be reviewed by a person who was not, or persons who were not, involved in taking that decision.

(4) A local authority must—

(a)provide the person who made the application with written notification of the outcome of the review; and

(b)endeavour to do so within 28 days of receipt of the application.

(5) Where it appears to the local authority that it will not be possible to provide the notification within the period specified in paragraph (4)(b), it must intimate this (and the reasons for the delay) in writing to the person who made the application for review.]

Textual Amendments

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.