The Road Traffic (Parking Adjudicators) (East Lothian Council) Regulations 2016
| Jurisdiction | UK Non-devolved |
| Citation | SSI 2016/409 |
2016 No. 409
ROAD TRAFFIC
The Road Traffic (Parking Adjudicators) (East Lothian Council) Regulations 2016
Made 6thDecember 2016
Laid before the Scottish Parliament 8thDecember 2016
Coming into force 23rdJanuary 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 73(11) and (12) of the Road Traffic Act 1991(1) and all other powers enabling them to do so.
PART I
Preliminary
Citation and commencement
1. These Regulations may be cited as the Road Traffic (Parking Adjudicators) (East Lothian Council) Regulations 2016 and come into force on 23rd January 2017.
Interpretation
2.—(1) In these Regulations—
‘the Act’ means the Road Traffic Act 1991;
‘adjudicator’ means a parking adjudicator appointed under section 73(3) of the Act;
‘appeal’ means an appeal under section 72 or paragraph 5 of schedule 6 of the Act;
‘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(3B)(a)(i)(2) of the Act appointed to perform the duties of the proper officer under these Regulations; and
‘register’ means the register of appeals and decisions kept in pursuance of these Regulations.
(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 a decision of the parking authority against which an appeal is made under these Regulations;
‘original representations’ means the representations made to the parking authority under section 71 or paragraph 2 of schedule 6 of the Act; and
‘parking authority’ has the meaning ascribed to it in section 82(1) of the Act(3).
(3) Unless the context otherwise requires, any reference in these Regulations to—
(a) a provision of the Act is a reference to that provision as applied and, where appropriate, modified by the Road Traffic (Permitted Parking Area and Special Parking Area) (East Lothian Council) Designation Order 2016;
(b) a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
(c) a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which that reference appears.
PART II
Procedure relating to Appeals
Making an appeal
3.—(1) An appeal is to be made by a notice of appeal sent to the proper officer.
(2) A notice of appeal—
(a) must state the full name and address of the appellant;
(b) may specify some other address as being the address to which the appellant wishes documents to be sent to him or her in connection with the appeal;
(c) must state the date and reference number of the disputed decision; and
(d) may include any representations which the appellant desires to make in addition to the original representations.
(3) If the appeal is made later than the time limit mentioned in section 72(1) or (as the case may be) paragraph 5(1) of schedule 6 of the Act the notice of appeal must include a statement of the reasons on which the appellant relies for justifying the delay, and the adjudicator must treat any such statement of reasons as a request for extending that time limit.
(4) The notice of appeal must be signed by the appellant or his or her authorised representative.
Action upon receipt of notice of appeal and copy
4.—(1) Upon receiving a notice of appeal in accordance with regulation 3 the proper officer must—
(a) send an acknowledgement of receipt to the appellant;
(b) enter particulars of the appeal in the register; and
(c) send to the parking authority a copy of the notice of appeal and any direction extending the time limit for appealing.
(2) Upon receiving a copy of the notice of appeal in accordance with paragraph (1)(c), the parking authority must within 21 days send to the proper officer a copy of—
(a) the original representations;
(b) the relevant penalty charge notice (if any) issued under section 66(1) of the Act; and
(c) the notice served under section 71(6) or (as the case may be) paragraph 2(7) of schedule 6 of the Act.
Further representations
5.—(1) Any party to an appeal under these Regulations may send representations to the proper officer at any time before that appeal is determined.
(2) The adjudicator may invite a party to send 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 draw such inferences as appear to him or her proper.
(4) Any representations sent under this regulation must be signed by the party concerned or his or her authorised representative.
(5) Where the appellant sends representations to the proper officer under this regulation, the proper officer must send a copy of the representations to the parking authority.
(6) Where the parking authority sends representations to the proper officer under this regulation, it must at the same time send a copy of those 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 or her, at the hearing of an appeal and require the person to answer any questions or produce any document in the person's custody or control which relate to any matter in the proceedings.
(2) Where the adjudicator makes a requirement under paragraph (1) the adjudicator must make reference to the fact that, under section 73(14) of the Act, any person who without reasonable excuse fails to comply with this requirement is liable on summary conviction to a fine, and the adjudicator must state the amount of the maximum fine current at that time.
(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 that requirement.
(4) A person is not bound to comply with the requirement under paragraph (1) unless he or she has been given at least 7 days' notice of the hearing or, if less than 7 days, the person has...
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