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

Appeals

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.

(4) The notice of appeal shall be served on the Scottish Ministers either by posting it in a prepaid envelope or by delivering it by hand to the Scottish Executive Development Department, Transport Division 2, Victoria Quay, Edinburgh EH6 6QQ.

(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(1) 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.

(1)

1907 (c. 51).