Scotland — Equality Act 2010: reasonable adjustment for disabled drivers (UK-wide)
Equality Act 2010 applies in Scotland (it is a UK-wide Act). Sections 20–22 require service providers, including local authorities operating LEZ schemes and parking enforcement, to make reasonable adjustments for disabled persons. Failure to make a reasonable adjustment is unlawful discrimination (s.21). The Blue Badge LEZ exemption (UK-LEZ-SCO-003) is one such adjustment, but Equality Act protection is wider: e.g., a disabled driver with a chronic condition not qualifying for a Blue Badge but who must drive a non-compliant vehicle for medical reasons; a disabled person whose carer drove the vehicle. The Scottish Public Sector Equality Duty (Equality Act s.149 + Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012) imposes additional positive duties on Scottish public bodies. Plead Equality Act + s.149 in any council PCN appeal where disability is relevant.
Legal basis
Equality Act 2010 ss.20–22, s.149; Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SSI 2012/162)
How to identify this in your case
Disabled person involved (driver or passenger) without Blue Badge but with medical evidence; Scottish public body has not considered Equality Act when issuing PCN.
Sample appeal wording
Dear [COUNCIL], Re: PCN [PCN_NUMBER] Representations: the council has failed to make a reasonable adjustment under s.20 of the Equality Act 2010 and to comply with its Public Sector Equality Duty under s.149 of that Act and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012. Facts: I am [disabled / my passenger is disabled — describe disability]. Medical evidence enclosed: [GP letter / consultant letter / DLA/PIP award]. On [DATE] I had to drive [DESCRIBE] which engaged the LEZ / parking restriction. A reasonable adjustment in my circumstances would be cancellation of the PCN. The council, as a Scottish public body listed in Schedule 19 of the 2010 Act, has a positive duty to advance equality of opportunity for disabled people (s.149(1)(b)) and to take steps to take account of disability (s.149(4)). Mechanically issuing a PCN on facts where a disabled person is materially affected, without considering whether to apply the s.20 reasonable adjustment, is unlawful. Please cancel the PCN. If rejected I will appeal to [SPAS / FtT(Scotland) GRC] and rely on Equality Act grounds. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Equality Act 2010
- Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012