STATUTORY INSTRUMENTS

S.I. No. 469 of 2004

Disabled Drivers and Disabled Passengers (Tax Concessions) (Amendment) Regulations 2004

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 92 (as amended by section 17 of Finance (No. 2) Act 1992 (No. 28 of 1992)) of the Finance Act 1989 (No. 10 of 1989), and after consultation with the Minister for Health and Children (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )) and the Minister for the Environment, Heritage and Local Government (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )) hereby make the following regulations:

1.         These Regulations may be cited as the Disabled Drivers and Disabled Passengers (Tax Concessions) (Amendment) Regulations 2004.

2.         The Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 ( S.I. No. 353 of 1994 ) are amended

(a)        by inserting the following after Regulation 4:

“4A.     (1)       A Director of Community Care and Medical Officer of Health shall not consider an application under these Regulations for a primary medical certificate where a determination has been made by the Disabled Drivers Medical Board of Appeal within the period of 6 months prior to the date of the making of the application unless the application is accompanied by a medical certificate from a registered medical practitioner indicating that the practitioner has formed the opinion that the person concerned is severly and permanently disabled as respects one or more of the criteria specified in Regulation 3.

(2)       Each subsequent application by that person for a primary medical certificate shall be accompanied by a medical certificate from a registered medical practitioner indicating that the practitioner has formed the opinion that the medical condition of the person concerned has materially disimproved since the previous application.”

and

(b)       by substituting for Regulation 6 the following:

“Medical Board of Appeal.

6.         (1)       (a)        Subject to paragraph (2) and Regulation 19(3), on the nomination of the Minister for Health and Children, the Minister for Finance shall appoint 5 medical practitioners to the Disabled Drivers Medical Board of Appeal (in this Regulation referred to as the ‘Board’) for a period of 4 years in each case and any such practitioner may be reappointed by the Minister for Finance on the nomination of the Minister for Health and Children for a further such period or periods.

(b)       One of the 5 appointed medical practitioners shall be appointed by the Minister for Finance to be the chairperson of the Board.

(c)       Three members of the Board shall constitute a quorum for a meeting of the Board.

(d)       In the absence of the chairperson from a meeting of the Board, the members present shall elect one of their number to chair that meeting.

(e)       The Board shall be independent in the exercise of its functions.

(2)       Each vacancy on the Board shall be filled by the appointment by the Minister for Finance of a medical practitioner, nominated for that purpose by the Minister for Health and Children, for the remainder of the period of the former member's appointment to which the vacancy relates.

(3)       Whenever the Minister for Health and Children so requests, for reasons stated in writing, the Minister for Finance shall remove any named person from the Board.

(4)       (a)        A person who is dissatisfied by a decision of a Director of Community Care and Medical Officer of Health in respect of primary medical certification may appeal to the Board within 28 days of the person first being informed of that decision, or such longer period as the Board may allow, and the person concerned shall be informed of the right to so appeal.

(b)       An appeal under subparagraph (a) shall be accompanied by a copy of the decision so appealed.

(5)       The Board shall inform the appellant in writing of its decision

and

(a)        where the Board determines that the appellant meets one or more of the criteria specified in Regulation 3, it shall issue a Board Medical Certificate,

(b)        where the Board determines that the appellant does not meet the criteria specified in Regulation 3, it shall refuse the appeal.

(6)       Where a person has previously made an appeal to the Board, a subsequent appeal to the Board shall be accompanied by a copy of the refusal of the Director of Community Care and Medical Officer of Health of the application made under Regulation 4A and by a copy of the determination of the Board previously so made.”.