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

• Citation: S.I. 1999/1205
• Sections: 11

Section 1 Citation 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.

Section 2 Preliminary

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

Section 3 Amendments 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”.

Section 4 Initiating 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”.

Section 5 Action 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).

Section 6 Power 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),”.

Section 7 Procedure 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”.

Section 8 Review 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”.

Section 9 Miscellaneous 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,

Section 10 Interpretation 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.

Section 11 Procedure

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”.