The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000

Made: 9th March 2000

Laid before the Scottish Parliament: 10th March 2000

Coming into force: 1st April 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 21 of the Chronically Sick and Disabled Persons Act 1970[^f00001] and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals in accordance with section 21(7E) of that Act, hereby make the following Regulations:

PART I — PRELIMINARY

Citation, commencement and extent

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• (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.

Interpretation

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• (1) In these Regulations–

• “the 1970 Act” means the Chronically Sick and Disabled Persons Act 1970;

• ...

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00002];

• “date of issue” means the date on which a disabled person’s badge is first valid for use;

• “disabled person” means a person ... falling within at least one of the prescribed descriptions in regulation 4;

• “disabled person’s badge” means , 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 organisation to whom a disabled person’s badge was issued;

• “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) or (2A)(c)— falls within paragraph (1B) of this regulation; 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); andis 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 or an independent assessment for the purposes of regulation 4(2A)(c) (as the case may be);

• ...

• “individual’s badge” means a disabled person’s badge issued to an individual disabled person;

• ...

• “issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; and

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00003];

• “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

• “organisational badge” means a disabled person’s badge issued to an organisation.

• (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 , a badge issued under a provision of the law of Northern Ireland corresponding to that section or a badge issued by any member State ... for purposes corresponding to the purposes for which badges under that section are issued.

• (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.

• (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.

• (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.

Amendment of 1982 Regulations and transitional provisions

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

PART II — ISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled persons

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• (1) The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are–

• (a) a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);

• (b) a person who is not more than 3 years old and falls within either or both of the descriptions specified in paragraph (3).

• (2) The descriptions referred to in paragraph (1)(a) are a person who–

• (a) receives the higher rate of the mobility component of the disability living allowance in accordance with section 73 of the Social Security Contributions and Benefits Act 1992[^f00006];

• (aa) receives personal independence payment and who has been assessed as having—

• (i) severely limited ability (within the meaning of regulation 6(3)(b) of the Social Security (Personal Independence Payment) Regulations 2013) in respect of activity 1 (planning and following journeys) in Part 3 of Schedule 1 to those Regulations; or

• (ii) limited ability (within the meaning of regulation 6(3)(a) of those Regulations) in respect of activity 2 (moving around) in that Part;

• (ab) has—

• (i) had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013 and immediately before that happened was a disabled person by virtue of sub-paragraph (a); and

• (ii) made a revision request which falls within paragraph (5);

• (ac) has had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013 and immediately before that happened was a disabled person by virtue of sub-paragraph (a) with the relevant award of disability living allowance having been made without limit of time;

• (ad) receives the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment,

• (ae) receives—

• (i) the enhanced rate of the mobility component of adult disability payment in accordance with regulation 6 (mobility component) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the Adult Disability Payment Regulations”), where the person has obtained a score of 12 points in relation to mobility activity 1 (planning and following journeys) set out in Column 1 of the table in Part 3 of schedule 1 (adult disability payment determination – mobility activities) of those Regulations,

• (ii) the standard or enhanced rate of the mobility component of adult disability payment in accordance with regulation 6 of the Adult Disability Payment Regulations, where the person has obtained a score of at least 8 points in relation to mobility activity 2 (moving around) set out in Column 1 of the table in Part 3 of schedule 1 of those Regulations, or

• (iii) short-term assistance in accordance with Part 1 (short-term assistance) of schedule 2 of the Adult Disability Payment Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule entitled the person to receive an award of adult disability payment as described in either head (i) or (ii) above,

• (af) receives the higher rate of the mobility component of Scottish adult disability living allowance given in accordance with regulation 8 (mobility requirements: higher rate mobility component) of the Scottish Adult Disability Living Allowance Regulations 2025, or short-term assistance in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of schedule 1 (entitlement to short-term assistance) of those Regulations awarded the higher rate of the mobility component of Scottish adult disability living allowance,

• (b) is in receipt of a grant pursuant to section 46 of the National Health Service (Scotland) Act 1978[^f00008];

• (c) is a blind person within the meaning of section 64(1) of the National Assistance Act 1948[^f00009] or is registered as blind under section 29(4)(g) of that Act;

• (d) receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00010] including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00011];

• (da) has—

• (i) received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 within tariff levels 1 to 8 (inclusive); and

• (ii) been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking;

• (e) drives a vehicle regularly, has a severe ... disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;

• (f) subject to paragraph (3A), has been certified by an independent mobility assessor as being unable to walk or virtually unable to walk by reason of a permanent and substantial disability; ...

• (g) subject to paragraph (3A), has been certified by an independent mobility assessor as being unable to walk or virtually unable to walk by reason of a temporary but substantial disability which is likely to last for a period of at least 12 months beginning with the date on which the badge is issued ; or

• (h) falls within paragraph (2A).

• (2A) A person falls within this paragraph if that person—

• (a) has a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) subject to paragraph (3B), has been certified by an independent mobility assessor—

• (i) as temporarily lacking, for a period likely to last at least 12 months beginning with the date on which the badge is issued, an awareness of danger from traffic likely to compromise the safety of the person, or the safety of other persons, during journeys; or

• (ii) as permanently lacking such awareness.

• (3) The descriptions referred to in paragraph (1)(b) are–

• (a) a child who has a medical condition that requires that he be always accompanied by bulky medical equipment which can be kept in a motor vehicle but which cannot be carried around with the child without great difficulty;

• (b) a child who has a medical condition that requires that he must always be kept near a motor vehicle so that he can if necessary be treated for that condition in the vehicle or taken quickly in the vehicle to a place where he can be so treated.

• (3A) A person is to be deemed to be within the description set out in paragraph (2)(f) or (2)(g) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person has a permanent and substantial disability or a temporary and substantial disability which renders the person unable to walk or virtually unable to walk.

• (3B) A person is deemed to be within the relevant description set out in paragraph (2A)(c) in the absence of the certification required there if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self-evident, by reason of the information the authority has about the person, that the person has a temporary or permanent lack of awareness of the type set out in the relevant description.

• (4) In this regulation–

• (a) “bulky medical equipment” includes in particular any of the following:–

• (i) ventilators;

• (ii) suction machines;

• (iii) feed pumps;

• (iv) parenteral equipment;

• (v) syringe drivers;

• (vi) oxygen administration equipment; ...

• (vii) continual oxygen saturation monitoring equipment; and

• (viii) casts and associated medical equipment for the correction of hip dysplasia; ...

• (b) “parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)) ; and

• (c) “revision request” means an application to the Secretary of State for a revision under regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 of the decision as to whether the person in question is entitled to personal independence payment or on the amount of that payment.

• (5) A revision request falls within this paragraph if it is made by a person—

• (a) no earlier than a year before that person made the application for a disabled person’s badge which is under consideration;

• (b) no earlier than a year before the expiry date of any disabled person’s badge held by that person.

Institutional badges

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An organisational badge may be issued to an organisation for a motor vehicle which is to be used to carry disabled persons falling within one or more of the descriptions specified in regulation 4(2) or (3).

Fee for issue and period of issue of a badge

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• (1) The fee (if any) which a local authority may charge for the issue of a disabled person’s badge is a fee not exceeding £20.

• (2) Subject to paragraphs (3) and (4) and regulations 7(2) and 9, a disabled person’s badge shall be issued–

• (a) to a person falling within the description specified in regulation 4(1)(b), for a period ending on the day immediately following his third birthday;

• (b) to a person falling within the description specified in regulation 4(2)(a) , 4(2)(ad) , 4(2)(af) or 4(2)(d), for whichever is the shorter of–

• (i) the period of 3 years which begins with the date of issue; or

• (ii) the period which begins with the date of issue and ends on the date on which he will cease to receive the higher rate of the mobility component of the disability living allowance, the higher rate of the mobility component of Scottish adult disability living allowance, or short-term assistance , the child disability payment, the short-term assistance or the mobility supplement;

• (ba) to a person falling within the description specified in regulation 4(2)(aa) or 4(2)(ae), for whichever is the shorter of—

• (i) the period of 3 years beginning with the date of issue; or

• (ii) the period which begins on the date of issue and ends on the date on which the relevant award of personal independence payment , adult disability payment, or short-term assistance ends;

• (bb) to a person falling within the description specified in regulation 4(2)(ab), for the period of 1 year beginning with the date of issue;

• (c) to a person falling within the description specified in regulation 4(2)(g) or regulation 4(2A)(c)(i), for a period of such length as the local authority issuing it may determine, being not more than 3 years nor (except when granted by way of renewal) less than 1 year beginning with the date of issue;

• (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) to a person not falling within any of the foregoing sub-paragraphs for a period of 3 years beginning with the date of issue;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .