Search Legislation

Disabled Persons' Parking Places (Scotland) Act 2009

Status:

This is the original version (as it was originally enacted).

5Disabled street parking orders: requests by qualifying persons

This section has no associated Explanatory Notes

(1)A qualifying person may request a local authority to make a disabled street parking order in respect of a street parking place—

(a)which is in the authority’s area, and

(b)from which there is convenient access to the person’s address.

(2)If it is satisfied that the person making a request under subsection (1) is a qualifying person, the authority must—

(a)decide whether it is possible to identify a suitable street parking place in its area from which there is convenient access to the person’s address, and

(b)if it decides that that is possible, identify such a parking place.

(3)If the authority identifies such a parking place, it must either—

(a)decide that, having regard to its duties under section 45(3) and section 122 of the 1984 Act, it has no power to make a disabled street parking order in respect of the parking place, or

(b)start the statutory procedure for the making of such an order.

(4)Subsection (5) applies if—

(a)the authority is not satisfied that the person making the request is a qualifying person;

(b)the authority’s decision under subsection (2) is that it is not possible to identify a suitable street parking place in its area from which there is convenient access to the person’s address;

(c)the authority makes a decision under subsection (3)(a).

(5)The authority must give the person who made the request under subsection (1) its reasons.

(6)The form and manner in which a request under subsection (1) is to be made—

(a)may be prescribed by regulations made by the Scottish Ministers;

(b)unless regulations made under paragraph (a) are in force, may be specified by the authority.

(7)A request under subsection (1) may be made through another person acting on behalf of the qualifying person.

(8)A “qualifying person” is a person who holds a disabled persons' badge and whose address—

(a)if the person is an individual, is the same as the registered address of the registered keeper of a vehicle suitable for the carriage of the individual;

(b)if the person is an organisation, is the same as the registered address of the registered keeper of a vehicle used by or on behalf of the organisation to carry disabled persons.

(9)In subsection (8)—

  • “the registered keeper” of a vehicle is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 (c. 22) at the time the request is made;

  • “the registered address” of the registered keeper is the address recorded at that time in the record kept under that Act with respect to that vehicle as being that person’s address.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources