Search Legislation

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 and come into force on 1st April 2016.

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

2.—(1) The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1), in the definition of “independent mobility assessor”—

(i)after “or (g)”, insert “or (2A)(c)”;

(ii)for paragraph (a), substitute—

(a)falls within paragraph (1B) of this regulation;; and

(iii)at the end of paragraph (c), insert “or an independent assessment for the purposes of regulation 4(2A)(c) (as the case may be)”; and

(b)after paragraph (1A), insert—

(1B) A person falls within this paragraph if the person is recognised by the local authority to which the relevant application for a disabled person’s badge is being made—

(a)in a case falling within regulation 4(2)(f) or (g), as—

(i)holding a professional qualification, the obtaining of which involved person A being trained in the assessment of a person’s ability to walk; and

(ii)having the expertise necessary to assess on behalf of the local authority the ability to walk of person B;

(b)in a case falling within regulation 4(2A)(c), as having the expertise necessary to assess on behalf of the local authority that person B lacks the awareness of danger from traffic which is likely to compromise the safety of person B, or the safety of other persons, during journeys..

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

(a)in paragraph (2)—

(i)omit “or” after sub-paragraph (f); and

(ii)after sub-paragraph (g), insert—

; or

(h)falls within paragraph (2A);

(b)after paragraph (2), insert—

(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(2);

(b)receives—

(i)the highest or middle rate of the care component of the disability living allowance in accordance with section 72 of the Social Security Contributions and Benefits Act 1992(3);

(ii)attendance allowance in accordance with sections 64 and 65 of the Social Security Contributions and Benefits Act 1992(4); or

(iii)personal independence payment and has been assessed as having severely limited ability or limited ability to carry out daily living activities (within the meaning of regulation 5(3) of the Social Security (Personal Independence Payment) Regulations 2013(5)) in respect of activities 7 (communicating verbally), 8 (reading and understanding signs, symbols and words) and 9 (engaging with other people face to face) in Part 2 of Schedule 1 to those Regulations; and

(c)subject to paragraph (3B), has been certified by an independent mobility assessor as lacking awareness of danger from traffic which is likely to compromise the safety of the person, or the safety of other persons, during journeys.; and

(c)after paragraph (3A), insert—

(3B) A person is deemed to be within the description set out in paragraph (2A)(c) 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 lack of awareness of danger from traffic which is likely to compromise the safety of the person, or the safety of other persons, during journeys..

(4) In regulation 6 (fee for issue and period of issue of a badge), in paragraph (2)—

(a)after sub-paragraph (c), insert—

(ca)to a person falling within the description specified in regulation 4(2A), for the period of 1 year beginning with the date of issue;; and

(b)in sub-paragraph (d), for “sub paragraph (a), (b), (ba), (bb) or (c)” substitute “any of the foregoing sub-paragraphs”.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd February 2016

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

Opening Options

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

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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 made 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