The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (“the Principal Regulations”).

Regulation 3 amends regulation 2 of the Principal Regulations so as to introduce definitions of “organisation” and “organisational badge” to replace those of “institution” and “institutional badge”. This change of nomenclature arises from an amendment to section 21(4) of the Chronically Sick and Disabled Persons Act 1970 made by section 49 of the Transport (Scotland) Act 2005. Other amendments consequential upon that section are made by regulations 6, 8, 9, 10 and 11 of these Regulations.

Regulation 4 revokes spent provisions in regulation 3 of the Principal Regulations.

Regulation 5 amends regulation 4 of the Principal Regulations so as to substitute new versions of two of the descriptions of the persons to whom disabled persons badges may be issued, add two new descriptions and partially omit one of the descriptions. The new classes of eligibility are a child aged 2 years or less who falls within either or both of the descriptions specified in regulation 4(3) of the Principal Regulations and a person more than 2 years old who has a temporary disability which is expected to last for at least a year. Regulation 4(2)(b) of the Principal Regulations is partially revoked.

Regulation 7 increases the maximum fee chargeable for the issue of a disabled person’s badge from £2 to £20. A new paragraph is substituted for regulation 6(2) of the Principal Regulations. This lays down the periods for which badges are to be issued and provides in particular for badges to be issued for periods of less than three years to children under the age of two, persons who have temporary disabilities and persons in receipt of specified allowances.

Regulation 10 and the Schedule amend the Schedule to the Principal Regulations by substituting, for the diagrams of an individual’s badge and of an institutional badge, new diagrams incorporating an indication that it is the front of the badge, revised wording and a hologram.

A copy of the Regulatory Impact Assessment prepared in respect of these Regulations can be obtained from the Scottish Executive website at www.scotland.gov.uk. Copies are also available from the Accessibility and Rural Transport Branch, the Scottish Executive, Area 2-G(North), Victoria Quay, Edinburgh, EH6 6QQ.