Transport (Scotland) Act 2001 Explanatory Notes

Section 73 Badges for display on motor vehicles used by disabled persons: enforcement

117.This section amends section 21 of the Chronically Sick and Disabled Persons Act 1970 which established the Orange Badge Scheme of Parking Concessions for Disabled and Blind People and was replaced from 1 April 2000 by the European Blue Parking Badge Scheme for Disabled People. (The new blue badge will be phased in over a 3 year period as existing orange badges come up for renewal or as new applications are processed.) The addition of section 21(4BA) provides the police, traffic wardens and local authority parking attendants with the powers to inspect blue/orange badges issued under the schemes. The addition of section 21(4BB) creates an offence of refusing to produce a badge when requested to do so by any of these authorised persons. The addition of section 21 (8A) defines “constable” as meaning a police constable, a traffic warden and a parking attendant.

118.The addition of section 21(7CA) allows the Scottish Ministers to make regulations about appeal procedures where an appeal against the local authority’s decision not to issue a badge has been refused by the Scottish Ministers.

119.The addition of section 21(7F) enables the Scottish Ministers to give recognition in regulations made in Scotland to badges issued in Northern Ireland and other EC member states outside the United Kingdom.

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