{
  "url": "https://openlegislation.uk/disabled-persons-badges-for-motor-vehicles-scotland-regulations-2000/regulation-4",
  "json_url": "https://openlegislation.uk/disabled-persons-badges-for-motor-vehicles-scotland-regulations-2000/regulation-4.json",
  "legislation": "ssi/2000/59",
  "legislation_title": "The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000",
  "legislation_url": "https://openlegislation.uk/disabled-persons-badges-for-motor-vehicles-scotland-regulations-2000",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Descriptions of disabled persons",
  "text": "(1) The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are–\n(a) a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);\n(b) a person who is not more than 3 years old and falls within either or both of the descriptions specified in paragraph (3).\n(2) The descriptions referred to in paragraph (1)(a) are a person who–\n(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;\n(aa) receives personal independence payment and who has been assessed as having—\n(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\n(ii) limited ability (within the meaning of regulation 6(3)(a) of those Regulations) in respect of activity 2 (moving around) in that Part;\n(ab) has—\n(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\n(ii) made a revision request which falls within paragraph (5);\n(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;\n(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,\n(ae) receives—\n(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,\n(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\n(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,\n(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,\n(b) is in receipt of a grant pursuant to section 46 of the National Health Service (Scotland) Act 1978;\n(c) is a blind person within the meaning of section 64(1) of the National Assistance Act 1948 or is registered as blind under section 29(4)(g) of that Act;\n(d) receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983;\n(da) has—\n(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\n(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;\n(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;\n(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; ...\n(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\n(h) falls within paragraph (2A).\n(2A) A person falls within this paragraph if that person—\n(a) has a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; and\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) subject to paragraph (3B), has been certified by an independent mobility assessor—\n(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\n(ii) as permanently lacking such awareness.\n(3) The descriptions referred to in paragraph (1)(b) are–\n(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;\n(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.\n(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.\n(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.\n(4) In this regulation–\n(a) “bulky medical equipment” includes in particular any of the following:–\n(i) ventilators;\n(ii) suction machines;\n(iii) feed pumps;\n(iv) parenteral equipment;\n(v) syringe drivers;\n(vi) oxygen administration equipment; ...\n(vii) continual oxygen saturation monitoring equipment; and\n(viii) casts and associated medical equipment for the correction of hip dysplasia; ...\n(b) “parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)) ; and\n(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.\n(5) A revision request falls within this paragraph if it is made by a person—\n(a) no earlier than a year before that person made the application for a disabled person’s badge which is under consideration;\n(b) no earlier than a year before the expiry date of any disabled person’s badge held by that person.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 4(1) substituted (1.4.2007) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regs. 1, 5(2) (with reg. 10(3))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 4(1)(b) substituted (1.4.2011) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/89), regs. 1, 2(3)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 4(2) inserted (1.4.2007) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regs. 1, 5(3)(a) (with reg. 10(3))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 4(2)(aa) inserted (8.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/65), regs. 1, 5(2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 4(2)(ab)(ac) inserted (28.6.2014) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2014 (S.S.I. 2014/145), regs. 1(2), 3(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 4(2)(ad) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 6(2) (with reg. 19)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 4(2)(ae) inserted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 6(2) (with reg. 20)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 4(2)(af) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 7(2)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 4(2)(b) substituted (1.4.2007) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regs. 1, 5(3)(b) (with reg. 10(3))"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 4(2)(da) inserted (1.1.2012) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/410), regs. 1(1), 2(3)(a)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Reg. 4(2)(e)-(g) substituted for reg. 4(2)(e)(f) (1.4.2007) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regs. 1, 5(3)(c) (with reg. 10(3))"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Word in reg. 4(2)(e) omitted (1.4.2011) by virtue of The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/89), regs. 1, 2(3)(b)(i)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 4(2)(f) substituted (1.9.2012) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/410), regs. 1(2)(a), 2(3)(b)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 4(2)(f) substituted (1.4.2011) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/89), regs. 1, 2(3)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Word in reg. 4(2) omitted (1.4.2016) by virtue of The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/72), regs. 1, 2(3)(a)(i)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in reg. 4(2)(g) substituted (1.9.2012) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/410), regs. 1(2)(a), 2(3)(c)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in reg. 4(2)(g) substituted (1.4.2011) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/89), regs. 1, 2(3)(b)(iii)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Reg. 4(2)(h) and word inserted (1.4.2016) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/72), regs. 1, 2(3)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Reg. 4(2A) inserted (1.4.2016) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/72), regs. 1, 2(3)(b)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Word in reg. 4(2A)(a) inserted (30.3.2018) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/44), regs. 1, 2(3)(a)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Reg. 4(2A)(b) omitted (30.3.2018) by virtue of The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/44), regs. 1, 2(3)(b)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Reg. 4(2A)(c) substituted (19.5.2017) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/118), regs. 1, 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Reg. 4(3)(4) inserted (1.4.2007) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regs. 1, 5(4) (with reg. 10(3))"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Reg. 4(3A) inserted (1.9.2012) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/410), regs. 1(2)(a), 2(3)(d)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Reg. 4(3B) substituted (19.5.2017) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/118), regs. 1, 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Word in reg. 4(4)(a)(vi) omitted (1.4.2011) by virtue of The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/89), regs. 1, 2(3)(c)(i)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Reg. 4(4)(a)(viii) inserted (1.4.2011) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/89), regs. 1, 2(3)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Word in reg. 4(4)(a) omitted (28.6.2014) by virtue of The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2014 (S.S.I. 2014/145), regs. 1(2), 3(b)(i)"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Reg. 4(4)(c) and word inserted (28.6.2014) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2014 (S.S.I. 2014/145), regs. 1(2), 3(b)(ii)"
    },
    {
      "type": "F",
      "label": "F30",
      "text": "Reg. 4(5) inserted (28.6.2014) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2014 (S.S.I. 2014/145), regs. 1(2), 3(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 4 in force at 1.4.2000, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1992 (c. 4)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1978 (c. 29)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1948 (c. 29)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1983/883; amended by S.I. 1983/1116 and 1521. 1984/1154 and 1687, 1985/1201, 1986/592, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598, 1994/772 and 1906, 1995/766, 1996/732, 1638 and 2282, 1997/286."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 1983/686; amended by S.I. 1983/1164, and 1540, 1984/1289 and 1675, 1985/1313, 1986/628, 1987/191, 1988/367 and 2260, 1989/415, 1990/535 and 1300, 1991/708, 1992/702 and 3226, 1993/480, 1994/715 and 2021, 1996/445, 1996/502, 1997/812, 1998/278."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2000/59/regulation/4",
    "retrieved_at": "2026-10-28T22:51:34.028743+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}