2011 No. 89

Road Traffic

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 19701 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 and come into force on 1st April 2011.

Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 20002

1

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 20002 are amended as follows.

2

In regulation 2(1) (interpretation), in the definition of “disabled person” omit “more than 2 years old and”.

3

In regulation 4 (descriptions of disabled persons)—

a

in paragraph (1)(b)3 for “2” substitute “3”;

b

in paragraph (2)4—

i

in subparagraph (e) omit “congenital”;

ii

in subparagraph (f) for “has considerable difficulty in walking” substitute “virtually unable to walk”; and

iii

in subparagraph (g) for “has considerable difficulty in walking” substitute “virtually unable to walk”; and

c

in paragraph (4)—

i

at the end of subparagraph (a)(vi) omit “and”; and

ii

after subparagraph (a)(vii) insert—

viii

casts and associated medical equipment for the correction of hip dysplasia; and

4

In regulation 6(2)(a)5 (fee for issue and period of issue of a badge) for “second” substitute “third”.

5

In regulation 7(1) (replacement badges), after “on the front” insert “along with the date of issue and the date on which the original badge is no longer valid”.

6

In regulation 10(4) (appeals) for “Executive Development Department, Transport Division 2” substitute “Government, Transport Directorate, Transport Strategy Division, Area 2D-North”.

KEITH BROWNAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
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”).

These Regulations amend the definition of “disabled person” in regulation 2 of the principal Regulations by deleting reference to the age limit of 2 years old and amend the category of disabled person provided in regulation 4(1)(b) of the principal Regulations to a person under the age of 3 years old.

These Regulations also delete the word “congenital”, substitute a new term regarding ability to walk and add a new description of “bulky medical equipment” in regulation 4 of the principal Regulations.

These Regulations also amend the details that will be included on replacement badges and amend the address in relation to sending a notice of appeal to the Scottish Ministers.