The Road Traffic (Parking Adjudicators) (East Ayrshire Council) Regulations 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/139 |
| Year | 2012 |
2012 No. 139
Road Traffic
The Road Traffic (Parking Adjudicators) (East Ayrshire Council) Regulations 2012
Made 10th May 2012
Laid before the Scottish Parliament 14th May 2012
Coming into force 1st July 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 73(11) and (12) of the Road Traffic Act 19911and all other powers enabling them to do so.
In accordance with section 44 of, and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 20072, they have consulted with the Administrative Justice and Tribunals Council.
PART I
Preliminary
Citation and commencement
1. These Regulations may be cited as the Road Traffic (Parking Adjudicators) (East Ayrshire Council) Regulations 2012 and come into force on 1st July 2012.
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 of, or paragraph 5 of Schedule 6 to, 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)3of 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 of, or paragraph 2 of Schedule 6 to, the Act; and
“parking authority” has the meaning ascribed to it in section 82(1) of the Act4.
(3) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(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 Ayrshire Council) Designation Order 2012;
(b)
(b) a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
(c)
(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)
(a) must state the full name and address of the appellant;
(b)
(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)
(c) must state the date and reference number of the disputed decision; and
(d)
(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) of, or (as the case may be) paragraph 5(1) of Schedule 6 to, 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)
(a) send an acknowledgement of receipt to the appellant;
(b)
(b) enter particulars of the appeal in the register; and
(c)
(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)
(a) the original representations;
(b)
(b) the relevant penalty charge notice (if any) issued under section 66(1) of the Act; and
(c)
(c) 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 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 informed the adjudicator that he or she accepts such notice as he or she has been given.
(5) A person other than an appellant is not bound to comply with the requirement under paragraph (1) unless the necessary expenses of his or her attendance are paid or tendered to him or her.
(6) No person is required to give any evidence or produce any document under paragraph (1) which he or she could not be required to give or produce in proceedings before a court.
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 must 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 or her 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) Unless both parties consent to the disposal taking place on an earlier date, the adjudicator must not dispose of an appeal without a hearing until after the expiry of 28 days beginning on the day an acknowledgement is sent in accordance with regulation 4.
(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 has effect where a hearing is to be held for the purpose of disposing of an appeal.
(2) The proper officer must fix the time and place of the hearing and, not less than 28 days (or such shorter time as the parties may agree) before the date so fixed, send to each party a notice that the hearing is to be at such time and at such place or notify them in such other manner as he or she thinks fit.
(3) The adjudicator may alter the time and place of any hearing and the proper officer must, not less than 7 days (or such shorter time as the parties may agree) before the date on which the hearing is then to be held, send to each party notice of the time and place of the hearing as altered or notify them in such other manner as he or she 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 is required.
Procedure at a hearing
9.—(1) At the beginning of the hearing the adjudicator must explain the procedure which he or she proposes to adopt.
(2) Subject to the provisions of this regulation, the adjudicator must conduct the hearing of an appeal in such manner as he or she considers most...
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