Explanatory Notes

Disabled Persons’ Parking Places (Scotland) Act 2009

2009 asp 3

1 April 2009

Commentary on Sections

Section 1: Duty to promote proper use of parking places for disabled persons’ vehicles

7.Section 1 places a duty on local authorities to take steps to promote the proper use of parking places designated only for the use of disabled persons’ vehicles. The Act does not prescribe what the local authority should do but it is expected that, for example the local authority would undertake public information campaigns and ensure its own staff were made aware of how to prevent abuse of disabled persons’ parking places. More information on steps that local authorities could take is set out at paragraphs 56 to 58 of the Policy Memorandum.

8.Section 14 defines a disabled persons’ vehicle as one that is lawfully displaying a disabled persons’ badge.

9.Section 14 also provides a definition of a disabled persons’ badge commonly known as a “blue badge”. It is a badge that has either been issued by local authorities under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c.44); a badge issued under a similar provision under the law of Northern Ireland or a badge issued by any member State of the EU other than the United Kingdom. It is these badges, when displayed on any vehicle, that give access to disabled persons’ parking places and this will continue under the provisions of this Act.