Regulation 8 Grounds for refusal to issue a badgeI1

Scotland

(1)

A local authority may refuse to issue a badge on any of the grounds specified in paragraph (2).

(2)

The grounds are–

(a)

the applicant holds or has held a badge issued under these Regulations F1... and misuse has led to F2a relevant conviction;

(b)

the applicant fails to provide the local authority with adequate evidence–

(i)

in the case of an individual, that he is a person to whom one of the descriptions prescribed by regulation 4 applies F3or that he is resident in the area of that local authority; or

(ii)

in the case of an F4organisation, that it is an organisation eligible to apply for a disabled person’s badge in accordance with regulation 5;

F5(ba)

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

(c)

the applicant fails to pay the fee (if any) chargeable for the issue of a badge;

F6(ca)

in the case of an application made pursuant to regulation 4(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; or

(d)

the local authority has reasonable grounds for believing that the applicant–

(i)

is not the person that he claims to be; or

(ii)

would permit another person to whom the badge was not issued to display it on a motor vehicle.

(3)

Where a local authority receives an application for a disabled person’s badge and refuses to issue one, it shall give the applicant particulars of the grounds of refusal in its notice of determination.

Annotations

Textual amendments

F1: Words in reg. 8(2)(a) omitted (1.1.2012) by virtue of The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/410), regs. 1(1), 2(5)(a)(i)
F2: Words in reg. 8(2)(a) substituted (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(5)(a)(ii)
F3: Words in reg. 8(2)(b)(i) 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(5)(b)
F4: Word in reg. 8(2)(b)(ii) substituted (1.4.2007) by The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/162), regs. 1, 8 (with reg. 10(3))
F5: Reg. 8(2)(ba) 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(5)(c)
F6: Reg. 8(2)(ca) 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)(b), 2(5)(d)

Commencement

I1: Reg. 8 in force at 1.4.2000, see reg. 1(1)