Appendix F Draft Legislation
SCOTTISH STATUTORY INSTRUMENTS
2010 No.
ROAD TRAFFIC
The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011
Made -- -- 2011
Laid before the Scottish Parliament - -- - 2011
Coming into force - -- - 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 1970( 1) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 and come into force on [_______] 2011.
Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000
2. -(1) The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000( 2) (in these Regulations called "the principal Regulations") are amended as follows.
(2) In regulation 2 (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) for "2" substitute "3";
(b) in paragraph (2)-
(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) in subparagraph (a)(vi) omit "and"; and
(ii) after subparagraph (a)(vii) insert-
ì(viii) casts and associated medical equipment for the correction of hip dysplasia, andî.
(4) In regulation 6(2)(a) (fee for issue and period of issue of a badge) for "second" substitute "third".
(5) In regulation 7 (replacement badges)-
(a) in paragraph (1) after "on the front" insert "along with the date of issue and the date on which the original badge is no longer valid"; and
(b) after paragraph (2) insert-
ì(3) The fee (if any) which a local authority may charge for any replacement badge is a fee not exceeding £20.î.
(6) In regulation 10(4) (appeals) for "Executive Development Department, Transport Division 2" substitute "Government, Transport Directorate, Transport Strategy Division, Area 2D-North".
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
______ 2011
EXPLANATORY NOTE
(This note is not part of these Regulations)
These Regulations amend the Disabled Persons (Badge for Motor Vehicles) (Scotland) Regulations 2000 ("the Principal Regulations").
These Regulations amend the definition of "disabled person" to being a person more than 3 years old instead of the current definition of more than 2 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 provide that a local authority may charge a fee of £20 for a replacement badge and also amend the details that will be included on replacement badges.
These Regulations also amend the address in relation to sending a notice of appeal to the Scottish Ministers.