The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011

Made: 22nd November 2011

Laid before the Scottish Parliament: 24th November 2011

Coming into force in accordance with regulation 1

In accordance with section 21(7E)[^f00002] of that Act they have consulted with the Administrative Justice and Tribunals Council.

Citation and commencement

1

• (1) These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No.2) Regulations 2011 and subject to paragraph (2), come into force on 1stJanuary 2012.

• (2) The following paragraphs of regulation 2 come into force on 1stSeptember 2012—

• (a) paragraphs (2)(a)(iii) and (3)(b) to (d); and

• (b) paragraph (5)(d).

Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000

2

• (1) The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000[^f00003] are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) omit the definition of “the 1982 Regulations”;

• (ii) after the definition of “the 1984 Act” insert—

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

and

• (iii) after the definition of “holder” insert—

• “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)— is recognised by the local authority to which the application for a disabled person’s badge is being made as— holding a professional qualification, the obtaining of which involved person A being trained in the assessment of a person’s ability to walk; and having the expertise necessary to assess on behalf of the local authority the ability to walk of person 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 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;

• (b) for paragraph (3) substitute—

(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.

; and

• (c) for paragraph (4) substitute—

(4) The offences mentioned in paragraph (3) are any offence— (a) under section 21(4B)[^f00004] 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.

• (3) In regulation 4 (descriptions of disabled persons)—

• (a) after paragraph(2)(d) insert—

(da) has— (i) received a lump sum benefit under article15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011[^f00005] within tariff levels1 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;

• (b) in paragraph (2)(f) for “is” substitute “subject to paragraph (3A), has been certified by an independent mobility assessor as being”;

• (c) in paragraph(2)(g) for “is” where it first occurs, substitute “subject to paragraph (3A), has been certified by an independent mobility assessor as being”; and

• (d) after paragraph (3) insert—

(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.

• (4) In regulation 7 (replacement badges) in paragraph (1)—

• (a) after “vehicle” insert “or as otherwise prevents it from being identified correctly or distinguished from a forgery”;

• (b) for “with the word “duplicate” marked on the front” substitute “in a form which identifies by consecutive numbering each successive badge issued to that disabled person or organisation (as the case may be) by the issuing authority”.

• (5) In regulation 8 (grounds for refusal to issue a badge)—

• (a) in paragraph (2)(a)—

• (i) omit “or under the 1982 Regulations”; and

• (ii) for “at least three relevant convictions” substitute “a relevant conviction”;

• (b) in paragraph (2)(b)(i) after “applies” insert “or that he is resident in the area of that local authority”;

• (c) after paragraph (2)(b) insert—

(ba) the applicant already holds a valid badge which has been issued by another issuing authority;

; and

• (d) after paragraph (2)(c) insert—

(ca) in the case of an application made pursuant to regulation4(2)(f) or (g), a report by an independent mobility assessor stating that one of the criteria specified in those provisions is satisfied has not been made available to the local authority in a form satisfactory to the local authority;

• (6) In regulation 9 (return of badge to issuing authority)—

• (a) at the end of paragraph (1)(e) insert “or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery”;

• (b) at the end of paragraph (1)(f) insert “or another valid badge is issued to the holder by another issuing authority”;

• (c) in paragraph (2)(a) for “at least three relevant convictions” substitute “a relevant conviction”; and

• (d) at the end of paragraph (2)(b) insert “or that the holder has purported to transfer the badge to another person”.

• (7) In regulation10 (appeals) omit paragraph(4).

• (8) For regulation 11 (form of badge) substitute—

(11) (1) Paragraph (2) applies in respect of a badge with a date of issue before 1stJanuary 2012 and paragraph (3) applies in respect of a badge with a date of issue on or after that date. (2) A disabled person’s badge is in the prescribed form if— (a) the front and reverse of the badge are in the form shown in— (i) Part I of the Schedule in the case of an individual’s badge; or (ii) Part II of the Schedule in the case of an organisational badge; and (b) the badge complies with the specifications in Part III of the Schedule. (3) A disabled person’s badge is in the prescribed form if— (a) the front and reverse of the badge are in the form shown in— (i) Part IA of the Schedule in the case of an individual’s badge (with the omission of the word “sample” where it appears); or (ii) Part IIA of the Schedule in the case of an organisational badge (with the omission of the word “sample” where it appears); and (b) the badge complies with the specifications in Part IIIA of the Schedule.

• (9) In the Schedule—

• (a) in Part I (Individual’s Badge), after the heading “Form of Individual’s Badge”, insert “(with a date of issue before 1st January 2012)”;

• (b) after Part I, insert PartIA as set out in Schedule 1 to these Regulations;

• (c) in Part II (Organisational Badge), after the heading “Form of Organisational Badge”, insert “(with a date of issue before 1st January 2012)”;

• (d) after Part II, insert PartIIA as set out in Schedule 2 to these Regulations;

• (e) in Part III (Specifications for Badge), after the heading “Specifications for the Badge”, insert “(with a date of issue before 1st January 2012)”; and

• (f) after Part III, insert PartIIIA as set out in Schedule 3 to these Regulations.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Signed

KEITH BROWN — Authorised to sign by the Scottish Ministers — 22nd November 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

A disabled person’s badge (known as a “Blue Badge”) enables the holder to benefit from a range of parking concessions and exemptions from certain charges which apply to other motorists. The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (“the Principal Regulations”) make provision regarding the issue of the badges by local authorities.

These Regulations amend the Principal Regulations, by requiring that the design and manufacture of badges must comply with new technical requirements, designed to mitigate the risk of forgery, as per Schedule 3 to these Regulations.

Regulation 2(3) amends the description of persons to whom a disabled person’s badge may be issued to include those in receipt of a specified benefit under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 who have 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.

Other amendments include the imposition of a requirement to obtain an independent mobility assessment as a condition of eligibility in certain circumstances at regulation 2(3); and enabling local authorities to refuse to issue or to withdraw badges following a single conviction in relation to misuse of a badge (regulation 2(5) and (6)).

Footnotes

[^f00001]: 1970 c.44; Section21 was amended by the Local Government Act 1972 (c.70), Schedule30; the Local Government (Scotland) Act 1973 (c.65), Schedule14; the Transport Act 1982 (c.49), section68; the Road Traffic Regulation Act 1984 (c.27), Schedule13, paragraph11; the Local Government Act 1985 (c.51), Schedule5; the Road Traffic Act 1991 (c.40), section35 and Schedule8; the Local Government (Wales) Act 1994 (c.19), Schedule10, paragraph8; and the Local Government etc. (Scotland) Act 1994 (c.39), Schedule13, paragraph86; the Transport (Scotland) Act 2001 (asp2), section73; the Transport (Scotland) Act 2005 (asp12), section49; and the Tribunal, Court and Enforcement Act 2007 (c.15) section 41(1), Schedule 6 paragraph 2. The functions of the Secretary of State, in or as regards to Scotland, were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: Section 21(7E) was inserted by the Transport Act 1982 (c.49), section 68 and amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 8, paragraph 2.

[^f00003]: S.S.I.2000/59, amended by S.S.I.2000/170, 2002/451, 2007/162 and 2011/89.

[^f00004]: Section21(4B) was inserted by the Transport (Scotland) Act 2001 (asp2), section73.

[^f00005]: S.I.2011/517, to which there are amendments not relevant to these Regulations.

[^f00006]: The British Standards Institution publication of the Standard has the ISBN 9780580687389.