Commentary on Sections Section 6 – Review of local authority decision
15.Section 6 allows the Scottish Ministers to make regulations requiring local authorities to review on request a decision not to award a badge on the grounds that a person is not eligible for one. Eligibility depends on being a disabled person of a description prescribed in regulations under section 21(2) of the 1970 Act. The description of eligible person when the Bill for the Act received Royal Assent (September 24, 2014) was given by the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (S.S.I. 2000/59).
16.Regulations made under section 6 will specify who may apply for a review, the manner in which an application for a review is to be made and the procedure to be followed by the local authority when conducting and disposing of a review. The regulations will be subject to the negative procedure (as defined by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).