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National Health Service (Scotland) Act 1978

National Health Service (Scotland) Act 1978 s 46

s 46 Provision of vehicles for persons suffering from physical defect or disability.

(1) The Secretary of State may provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability, and, at the request of such a person, may provide for him a vehicle other than an invalid carriage. (2) The Secretary of State shall have power, in the case of an invalid carriage or other vehicle provided by him for, or belonging to, any such person as is mentioned in subsection (1), on such terms and subject to such conditions as he may determine— (a) to adapt the vehicle for the purpose of making it suitable for the circumstances of that person; (b) to maintain and repair the vehicle; (c) to take out insurance policies relating to the vehicle and pay the duty, if any, with which the vehicle is chargeable under the Vehicles (Excise) Act 1971; (d) to provide a structure for the keeping of the vehicle therein and provide all material and execute all works necessary for the erection of the structure. (3) The Secretary of State may, on such terms and subject to such conditions as he may determine, make payments by way of grant towards costs incurred by any such person as is mentioned in subsection (1) in respect of all or any of the following matters in relation to an invalid carriage or other vehicle provided by the Secretary of State for, or belonging to, that person, that is to say— (a) the taking of any such action as is referred to in subsection (2); (b) the purchase of fuel for the purposes of the vehicle, so far as the cost of the purchase is attributable to duties of excise payable in respect of fuel; and (c) the taking of instruction in the driving of the vehicle. (4) Regulations made by the Secretary of State may provide for any incidental or supplementary matter for which it appears to him necessary or expedient to make provision in connection with the taking of any action under subsection (2) or the making of any payment under subsection (3). (5) In this section “ invalid carriage ” means a mechanically propelled vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by such a person.

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