Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1918 |
| Year | 1999 |
1999 No. 1918
ROAD TRAFFIC
The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999
Made 30th June 1999
Laid before Parliament 6th July 1999
Coming into force 27th July 1999
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by section 73(11) and (12) of the Road Traffic Act 19911as applied by the Orders specified in the Schedule hereto, and all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with the requirements of section 8 of the Tribunals and Inquiries Act 19922, hereby makes the following Regulations:—
PART I
Preliminary
Citation, commencement and application
1.—(1) These Regulations may be cited as the Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999 and shall come into force on 27th July 1999.
(2) These Regulations apply to the areas designated as special parking areas or permitted parking areas by the Scheduled Orders.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Road Traffic Act 1991 and, in the application of these Regulations in relation to an area, a reference to any provision of the Act is a reference to that provision of the Act as modified and applied to that area by virtue of one of the Scheduled Orders;
“appeal” means an appeal under section 72 of, or paragraph 5 of Schedule 6 to, the Act;
“adjudicator” means a parking adjudicator appointed under section 73 of the Act and authorised to act in relation to an area to which these Regulations apply;
“FAX” means the making of a facsimile copy of a document by the transmission of electronic signals;
“hearing” means an oral hearing;
“proper officer” means a member of the administrative staff provided under section 73 of the Act appointed to perform the duties of the proper officer under these Regulations;
“register” means the register in which appeals and decisions thereon are recorded in accordance with regulation 10(2); and
“the Scheduled Orders” means the Orders—
(a) which were made under Schedule 3 to the Act designating permitted parking areas and special parking areas outside London; and
(b) each of which is specified in column (2) of an item in the table in the Schedule to these Regulations, with its statutory instrument number specified in column (3) of the item and the number of any Order amending it in column (4).
(2) In these Regulations, in relation to an appeal or any process connected with an appeal,—
“appellant” means the person making the appeal;
“disputed decision” means the decision against which an appeal is brought under these Regulations;
“the local authority” means the local authority who made the disputed decision; and
“original representations” means the representations to the local authority under section 71 of, or paragraph 2 of Schedule 6 to, the Act.
PART II
Procedure relating to appeals
Initiating an appeal
3.—(1) An appeal shall be made by delivering a notice of appeal to the proper officer.
(2) A notice of appeal—
(a)
(a) must state the name and address of the appellant;
(b)
(b) may specify some other address as being the address to which he wishes documents to be sent to him in connection with the appeal;
(c)
(c) must state the date and any reference number of the disputed decision and the name of the local authority; and
(d)
(d) may include any representations which the appellant desires to make in addition to the original representations.
(3) If the notice of appeal is delivered to the proper officer later than the time limit mentioned in section 72(1) of, or paragraph 5(1) of Schedule 6 to, the Act (as the case may be), the appellant must include in the notice a statement of the reasons on which he relies for justifying the delay, and the adjudicator shall treat any such statement of reasons for delay as a request for extending that time limit.
(4) The appellant or his authorised representative shall sign the notice of appeal.
Action upon receipt of notice of appeal and copy of such notice
4.—(1) Upon receiving a notice of appeal the proper officer shall—
(a)
(a) send an acknowledgement of its receipt to the appellant;
(b)
(b) enter particulars of it in the register; and
(c)
(c) send to the local authority a copy of the notice of appeal and any direction extending the time limit for appealing.
(2) Upon receipt of a copy of a notice of appeal sent under this regulation, the local authority shall within 7 days deliver to the proper officer a copy of—
(a)
(a) the original representations;
(b)
(b) a copy of the relevant charge notice (if any); and
(c)
(c) a copy of the notice served under section 71(6) of, or (as the case may be) paragraph 2(7) of Schedule 6 to, the Act.
Further representations
5.—(1) Any party may deliver representations to the proper officer at any time before an appeal is determined.
(2) The adjudicator may invite a party to deliver to the proper officer representations dealing with any matter relating to an appeal within such time and in such a manner as may be specified.
(3) Where a party fails to respond to an invitation under paragraph (2), the adjudicator may (without prejudice to any other powers he may have) draw such inferences as appear to him proper.
(4) Any representations delivered under this regulation shall be signed by, or by the authorised representative of, the party in question.
(5) Where the appellant delivers representations to the proper officer under this regulation, the proper officer shall send a copy of the representations to the local authority.
(6) Where the local authority delivers representations to the proper officer under this regulation, it shall at the same time send a copy of the representations to the appellant.
(7) This regulation is without prejudice to the powers of an adjudicator under regulation 9.
Power to require attendance of witnesses
6.—(1) The adjudicator may require the attendance of any person (including a party to the proceedings) as a witness, at a time and place specified by him, at the hearing of an appeal and require him to answer any questions or produce any documents in his custody or control which relate to any matter in the proceedings.
(2) Every document containing a requirement under paragraph (1) shall contain a reference to the fact that, under Section 73(14) of the Act any person who without reasonable excuse fails to comply with this requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.
(3) A person in respect of whom a requirement has been made under paragraph (1) may apply to the adjudicator to vary or set aside the requirement.
(4) A person shall not be bound to comply with a requirement under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the adjudicator that he accepts such notice as he has been given.
(5) A person other than an appellant shall not be bound to comply with the requirement under paragraph (1) unless the necessary expenses of his attendance are paid or tendered to him.
(6) No person shall be required to give any evidence or produce any document under paragraph (1) which he could not be required to give or produce on the trial of an action in a court of law.
Disposing of an appeal without a hearing
7.—(1) Subject to paragraph (2), the adjudicator may dispose of an appeal without a hearing.
(2) The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless—
(a)
(a) the party who made the request withdraws his request before notice of a hearing has been sent to the other party under regulation 8; or
(b)
(b) both parties have subsequently consented to the appeal being disposed of without a hearing.
(3) The adjudicator shall not dispose of an appeal without a hearing until after the expiration of 4 weeks beginning on the day an acknowledgement is sent in accordance with regulation 4 unless both parties consent to the disposal taking place on an earlier date.
(4) Notwithstanding anything in paragraphs (2) and (3), if both parties, having been sent a notice of the hearing of an appeal in accordance with regulation 8, fail to attend or be represented at the hearing, the adjudicator may subsequently dispose of the appeal without a hearing.
Notice of time and place of hearing
8.—(1) This regulation shall have effect where a hearing is to be held for the purpose of disposing of an appeal.
(2) The proper officer shall fix the time and place of the hearing and, not less than 21 days before the date so fixed (or such shorter time as the parties agree), send to each party a notice that the hearing is to be at such time and place or notify them in such other manner as he thinks fit.
(3) The adjudicator may alter the time and place of any hearing and the proper officer shall, not less than 7 days before the date the hearing is then to be held (or such shorter time as the parties agree), send to each party notice of the time and place of the hearing as altered or notify them in such other manner as he thinks fit.
(4) This regulation applies to an adjourned hearing but, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Procedure at a hearing
9.—(1) At the beginning of the hearing of an appeal the adjudicator shall explain the order of proceeding which he proposes to adopt.
(2) Subject to the provisions of this regulation, the adjudicator shall conduct the hearing of an appeal in such manner as he...
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