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The Road Traffic (Parking Adjudicators) (London) (Amendment) Regulations 1999

S.I. 1999/1205 · Made 22 April 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ROAD TRAFFIC

Made 22nd April 1999

Laid before Parliament 4th May 1999

Coming into force 1st June 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 1991f1 and section 6(2) of the London Local Authorities Act 1996f2, and of 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 1992f3, hereby makes the following Regulations:–

Annotations to the whole text

Footnotes

f1

1991 c. 40; see the definition of “prescribed” in section 82(1).

f2

1996 c. ix.

f3

1992 c. 53.

Contents

  1. 1Citation and commencement
  2. 2Preliminary
  3. 3Amendments to regulation 2 (interpretation)
  4. 4Initiating an appeal
  5. 5Action upon receipt of notice of appeal and copy of such notice
  6. 6Power to require attendance of witnesses
  7. 7Procedure at a hearing
  8. 8Review of adjudicator’s decision
  9. 9Miscellaneous powers of the adjudicator
  10. 10Interpretation of Part III
  11. 11Procedure
  12. Signature
  13. Explanatory note

1Citation and commencement

These Regulations may be cited as the Road Traffic (Parking Adjudicators) (London) (Amendment) Regulations 1999 and shall come into force on 1st June 1999.

2Preliminary

The Road Traffic (Parking Adjudicators) (London) Regulations 1993f1 shall be amended in accordance with the following provisions of these Regulations.

3Amendments to regulation 2 (interpretation)

(1)

In regulation 2(1)–

(a)

after the definition of “the Act” there shall be inserted the following definition–

““the 1996 Act” means the London Local Authorities Act 1996;”;

(b)

in the definition of “appeal”, after the words “the Act” there shall be inserted “or an appeal under paragraph 6 of Schedule 1 to the 1996 Act”; and

(c)

in the definition of “the adjudicator”, after the words “the Act” there shall be inserted “and includes a person so appointed when discharging the function of a traffic adjudicator under Schedule 1 to the 1996 Act”.

(2)

In regulation 2(2), in the definition of “the original representations”, after the words “of Schedule 6 to, the Act” there shall be inserted “or under paragraph 2 of Schedule 1 to the 1996 Act”.

4Initiating an appeal

In regulation 3(3), after the words “of Schedule 6 to, the Act” there shall be inserted “or mentioned in paragraph 6(1) of Schedule 1 to the 1996 Act”.

5Action upon receipt of notice of appeal and copy of such notice

In regulation 4(2), for sub-paragraph (c) there shall be substituted–

“(c)

a copy of the notice served under section 71(6) of, or paragraph 2(7) of Schedule 6 to, the Act or under paragraph 2(10) of Schedule 1 to the 1996 Act (as the case may be).”

6Power to require attendance of witnesses

In regulation 6(2), after the words “section 73(14) of the Act” there shall be inserted “or under section 73(14) of the Act as applied by section 6(3) of the 1996 Act (as the case may be),”.

7Procedure at a hearing

In regulation 9(7), for the words “with the assistance fron any person” there shall be substituted “with assistance from any person”.

8Review of adjudicator’s decision

In regulation 11(1)(d), for the words “reasonably have been foreseen”, there shall be substituted “have been reasonably known of or foreseen”.

9Miscellaneous powers of the adjudicator

In regulation 14(2), after sub-paragraph (b) the word “and” shall be omitted and for sub-paragraph (c) there shall be substituted–

“(c)

paragraph 5(1)(b) of Schedule 6 to the Act, and

(d)

paragraph 6(1)(b) of Schedule 1 to the 1996 Act,”.

10Interpretation of Part III

For regulation 18 there shall be substituted–

“18

This Part of these Regulations shall have effect for determining the procedure where–

(a)

an order of a county court is deemed to have been revoked under paragraph 8(5) of Schedule 6 to the Act and the local authority concerned has referred the case to the adjudicator under paragraph 8(7) of that Schedule; or

(b)

an order of a county court is deemed to have been revoked under paragraph 10(5) of Schedule 1 to the 1996 Act and the local authority concerned has referred the case to the adjudicator under paragraph 10(7) of that Schedule,

and in relation to a case so referred, for the purposes of this Part of these Regulations, a relevant person is the person against whom the county court order has been made.”

11Procedure

In regulation 19(1), after the words “Schedule 6 to the Act” there shall be inserted “or under paragraph 10(7) of Schedule 1 to the 1996 Act”.

Signature

Signed by authority of the Secretary of State

Glenda Jackson

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

22nd April 1999

Explanatory note

(This note is not part of the Regulations)

The Road Traffic (Parking Adjudicators) (London) Regulations 1993 (S.I. 1993/1202) (“the 1993 Regulations”) prescribed the procedure to be followed by parking adjudicators acting under the provisions of Part II of the Road Traffic Act 1991 in relation to parking in London. These Regulations amend the 1993 Regulations so as to apply them to parking adjudicators when acting as traffic adjudicators pursuant to Part II (bus lanes) of the London Local Authorities Act 1996 and to make consequential modifications.

Regulations 7 and 8 make minor drafting amendments to regulations 9(7) and 11(1)(d) of the 1993 Regulations.