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The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007

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Descriptions of disabled persons

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5.—(1) Regulation 4 is amended as follows.

(2) For paragraph (1) substitute–

(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 2 years old and falls within either or both of the descriptions specified in paragraph (3)..

(3) In paragraph (2)–

(a)after “descriptions” insert “referred to in paragraph (1)(a)”;

(b)in sub paragraph (b) for “uses a motor vehicle supplied by the Scottish Executive or the Department of Social Security or is in receipt of a grant pursuant to section 5(2)(a) of the National Health Service Act 1977 or” substitute “is in receipt of a grant pursuant to”; and

(c)for sub-paragraphs (e) and (f) substitute–

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

(f)is unable to walk or has considerable difficulty in walking by reason of a permanent and substantial disability; or

(g)is unable to walk or has considerable difficulty in walking 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..

(4) After paragraph (2) insert–

(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.

(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; and

(vii)continual oxygen saturation monitoring equipment; and

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

(1)

1984 c. 28; section 46(2)(a) was amended by S.I. 1996/1553.

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