ROAD TRAFFIC Citation and commencement 1 These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007. Preliminary 2 The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (in these Regulations called “the Principal Regulations”) are amended in accordance with the following regulations. Interpretation of the Principal Regulations 3 1 Regulation 2 is amended as follows. 2 In the definition of “holder” for “institution” substitute “organisation”. 3 Omit the definitions of “institution” and “institutional badge”. 4 After the definition of “local authority” insert– “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. . Revocation of spent provisions 4 1 Regulation 3 is amended as follows. 2 Omit paragraphs (1) and (2). 3 The heading accordingly becomes “Transitional provision”. Descriptions of disabled persons 5 1 Regulation 4 is amended as follows. 2 For paragraph (1) substitute– 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 2 years old and falls within either or both of the descriptions specified in paragraph (3). . 3 In paragraph (2)– a after “descriptions” insert “referred to in paragraph (1)(a)”; b in sub paragraph (b) for “uses a motor vehicle supplied by the Scottish Executive or the Department of Social Security or is in receipt of a grant pursuant to section 5(2)(a) of the National Health Service Act 1977 or” substitute “is in receipt of a grant pursuant to”; and c for sub-paragraphs (e) and (f) substitute– e drives a vehicle regularly, has a severe congenital disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter; f is unable to walk or has considerable difficulty in walking by reason of a permanent and substantial disability; or g is unable to walk or has considerable difficulty in walking 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. . 4 After paragraph (2) insert– 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. 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; and vii continual oxygen saturation monitoring equipment; and b “parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)). . Organisational badges 6 For regulation 5 substitute– Organisational badges 5 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 7 1 Regulation 6 is amended as follows. 2 In paragraph (1) for “£2” substitute “£20”. 3 For paragraph (2) substitute– 2 Subject to 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 second birthday; b to a person falling within the description specified in regulation 4(2)(a) 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 or the mobility supplement; c to a person falling within the description specified in regulation 4(2)(g), 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; d to a person not falling within sub paragraph (a), (b) or (c) for a period of 3 years beginning with the date of issue; e to a person falling within both sub paragraphs (b) and (c), to whichever is the longer period applicable to him under one of those paragraphs. . Grounds for refusal to issue a badge 8 In regulation 8(2)(b)(ii) for “institution” in both places occurring substitute “organisation”. Return of badge to issuing authority 9 In regulation 9(1)– a for “institutional” in both places occurring substitute “organisational”; and b for “institution” in both places occurring substitute “organisation”. Form of badge 10 1 In regulation 11(a)(ii) for “institutional” substitute “organisational”. 2 For Parts I and II of the Schedule to the Principal Regulations substitute Parts I and II as shown in the Schedule to these Regulations. 3 Nothing in this regulation affects the validity of a badge which– a was issued before the coming into force of these Regulations; and b was in a form which complied with the Principal Regulations at the time of its issue. Display of an organisational badge 11 1 In regulations 15 and 16 for “institutional” in each place occurring substitute “organisational”. 2 The heading of regulation 15 accordingly becomes “Display of an organisational badge when a vehicle is being driven” and the heading of regulation 16 becomes “Display of an organisational badge when a vehicle is parked”. TAVISH SCOTT A member of the Scottish Executive St Andrew’s House, Edinburgh 28th February 2007