Paragraph 2 Regulation 7I1

For regulation 7, substitute—

“Appeals to an adjudicator

7.

(1)

Where a borough council serves a final notice under section 20C(5) of the London Local Authorities Act 2007, the person on whom the notice is served may appeal to an adjudicator against the decision to require payment of a penalty charge —

(a)

before the end of the period of 28 days beginning with the date of service of the notice; or

(b)

within such longer period as an adjudicator may allow.

(2)

On an appeal under this regulation, the adjudicator, after considering any representations from the appellant and the borough council, may—

(a)

withdraw or confirm the requirement to pay the penalty charge; and

(b)

give such directions to the borough council as are appropriate to give effect to that decision including, in a case where the requirement to pay the penalty charge is withdrawn, directions requiring—

(i)

the cancellation of the final notice; and

(ii)

the refund of such sum (if any) as may have been paid to the borough council in respect of the penalty charge.

(3)

The borough council must comply with any direction given to it under paragraph (2).

(4)

In the case of an unsuccessful appeal to an adjudicator, payment of the penalty charge must be made before the end of the period of 28 days beginning with the date on which notice of the adjudicator’s decision is served on the appellant.”.