PART IPRELIMINARY
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 and shall come into force on 1st April 2000.
(2)
These Regulations extend to Scotland only.
Interpretation2.
(1)
In these Regulations–
“the 1970 Act” means the Chronically Sick and Disabled Persons Act 1970;
F1...
F2“date of issue” means the date on which a disabled person’s badge is first valid for use;
“disabled person” means a person F3... falling within at least one of the prescribed descriptions in regulation 4;
“disabled person’s badge” means F4, subject to paragraph (1A), a badge in the form prescribed by regulation 11 issued by a local authority for display on a motor vehicle driven by a disabled person, or used for the carriage of a disabled person, and includes a replacement badge issued in accordance with regulation 7;
“disabled person’s concession” has the meaning given by section 117(3) of the 1984 Act;
“holder”, in relation to a disabled person’s badge, means the individual or F5organisation to whom a disabled person’s badge was issued;
F6“independent mobility assessor” means a person (“person A”) who at the time of any assessment of another person (“person B”) for the purposes of the certification referred to in regulation 4(2)(f) or (g) F7or (2A)(c)—
(a)
F8falls within paragraph (1B) of this regulation;
(b)
has never been employed or engaged as a provider of medical services to person B where “medical services” includes all forms of medical treatment and investigations to establish whether treatment is needed but does not include an assessment conducted to establish whether person B is eligible for services provided by a local authority (including the provision of a disabled person’s badge); and
(c)
is not, in the opinion of the local authority, precluded by reason of personal or commercial relationship with person B from providing an independent assessment of person B’s ability to walk F9or an independent assessment for the purposes of regulation 4(2A)(c) (as the case may be);
F10...
“individual’s badge” means a disabled person’s badge issued to an individual disabled person;
F10...
“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; and
F11“organisation” means an organisation concerned with the care of disabled persons to which a disabled person’s badge may be issued in accordance with section 21(4) of the 1970 Act; and
F11“organisational badge” means a disabled person’s badge issued to an organisation.
F12(1A)
For the purposes of regulations 12 to 16, the definition of “disabled person’s badge” in paragraph (1) shall include a badge issued under Regulations having effect in England or Wales under section 21 of the Chronically Sick and Disabled Persons Act 1970 F13, a badge issued under a provision of the law of Northern Ireland corresponding to that section or a badge issued by any member State F14... for purposes corresponding to the purposes for which badges under that section are issued.
F15(1B)
Person A falls within this paragraph if that person—
(a)
is a member of a profession to which section 60(2) of the Health Act 1999 applies; and
(b)
is recognised by the local authority as having the expertise necessary to assess on behalf of the local authority, as the case may be—
(i)
the ability to walk of person B; or
(ii)
whether 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.
(2)
In these Regulations a reference to an order made under any provision of the 1984 Act is to an order made, or having effect as if made, under that provision including an order varying or revoking an order made or having effect as if made under that Act.
F16(3)
In these Regulations “relevant conviction” means any conviction for an offence specified in paragraph (4) committed in relation to a disabled person’s badge of—
(a)
the holder of that badge; or
(b)
any other person using that badge with the knowledge of the holder at any time during which the offence was being committed.
F17(4)
The offences mentioned in paragraph (3) are any offence—
(a)
under section 21(4B) of the 1970 Act;
(b)
under section 115 or 117 of the 1984 Act; or
(c)
involving dishonesty or deception under—
(i)
any other provision of the 1970 Act, of the 1984 Act or of any other legislation; or
(ii)
common law;
applicable in the United Kingdom, or any part of the United Kingdom.
(5)
Any notice given under these Regulations shall be in writing.
F18Transitional provision3.
F19(1)
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F19(2)
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(3)
Any order made under the 1984 Act which refers to a disabled person’s badge shall, in relation to times falling after the coming into force of these Regulations, have effect as if the reference included a reference to a badge issued, or having effect as if issued, in accordance with these Regulations.