Road User Charging (Enforcement and Adjudication) (London) Regs 2001

Provision 1· GB, GB_SI2001_2313, reg 1

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.1 1.   These Regulations may be cited as the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 and shall come into force on 30th July 2001. Interpretation <span class="LegP1No"

Provision 2· GB, GB_SI2001_2313, reg 2

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.2 2. —(1) In these Regulations— “the 1999 Act” means the Greater London Authority Act 1999; “adjudicator” means a road user charging adjudicator appointed in accordance with regulation 3; “Charges and Penalty Charges Regulations” means the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001( 2 ); “hiring agreement” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988( 3 ); “penalty charge notice” has the meaning given in regulation 12; “person liable” in relation to a vehicle means the registered keeper of that vehicle or the person who is liable, in accordance with the Charges and Penalty Charges Regulations, to pay a charge or penalty charge imposed by a ch [...]

Provision 3· GB, GB_SI2001_2313, reg 3

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.3 3. —(1) The Lord Chancellor shall appoint persons to act as road user charging adjudicators for the purposes of these Regulations. (2) To be qualified for appointment as an adjudicator, a person must have a five year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990( 4 )). (3) Each adjudicator shall be appointed for such period as the Lord Chancellor may specify. (4) Each adjudicator shall hold and vacate office in accordance with the terms of his appointment. Administrative support and defrayal of expenses <span class="LegP1No"

Provision 4· GB, GB_SI2001_2313, reg 4

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.4 4. —(1) The Authority shall provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators and determine the places where they are to sit. (2) The expenses incurred by the Authority under paragraph (1) and on remunerating adjudicators shall be defrayed— (a) in a year in which only one charging scheme is for the time being in force in Greater London by the charging authority for that scheme; (b) where two or more charging schemes are in force, by the charging authorities for those schemes in such proportions as they may agree or, in default of agreement as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on th [...]

Provision 5· GB, GB_SI2001_2313, reg 5

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.5 5. —(1) The Schedule to these Regulations shall have effect as to the procedure to be followed in relation to proceedings before adjudicators. (2) Subject to the provisions of that Schedule, an adjudicator may regulate his own procedure. Evidence produced by a prescribed device <span class="LegP1No"

Provision 6· GB, GB_SI2001_2313, reg 6

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.6 6. —(1) Evidence of a fact relevant to Schedule 23 proceedings may be given by the production of— (a) a record produced by a prescribed device, and (b) (in the same or another document) a certificate as to the circumstances in which the record was produced signed by a constable or by a person authorised in that behalf by the charging authority who installed the device by means of which the evidence was produced. (2) In paragraph (1)— “Schedule 23 proceedings” means proceedings for an offence under Schedule 23 to the 1999 Act or proceedings before an adjudicator in relation to failure to comply with the provisions of a charging scheme; and “prescribed device” means a camera or other device designed to p [...]

Provision 7· GB, GB_SI2001_2313, reg 7

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.7 7.   Any amount which is payable under an adjudication of an adjudicator shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order. Reports by adjudicators <span class="LegP1No"

Provision 8· GB, GB_SI2001_2313, reg 8

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.8 8.   Each adjudicator shall make an annual report to the Secretary of State for Transport, Local Government and the Regions on the discharge of his functions. PART III REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OR IMMOBILISATION OF VEHICLES Persons to whom Part III applies <span class="LegP1No"

Provision 9· GB, GB_SI2001_2313, reg 9

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.9 9.   This part of these Regulations applies to a person (in this Part referred to as a “relevant person”) who— (a) pays or causes to be paid a penalty charge to secure the release of a vehicle from an immobilisation device in accordance with a charging scheme and the Charges and Penalty Charges Regulations; (b) pays or causes to be paid a penalty charge to recover a vehicle after it has been removed from a road in a charging area in accordance with a charging scheme and the Charges and Penalty Charges Regulations; (c) receives any sum after a vehicle has been sold or destroyed in accordance with a charging scheme and the Charges and Penalty Charges Regulations; or (d) is informed that the proceeds of i [...]

Provision 10· GB, GB_SI2001_2313, reg 10

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.10 10. —(1) A relevant person shall, on the happening of an event such as is referred to in paragraph (a), (b), (c) or (d) of regulation 9, thereupon be informed by notice in writing, by or on behalf of the charging authority, of his right to make representations under this regulation and his right of appeal under regulation 11. (2) A relevant person may make representations in writing to the charging authority on one or more of the grounds mentioned in paragraph (3). (3) The grounds are— (a) that in the particular circumstances of the case, the immobilisation, removal or disposal of the vehicle was not authorised by the charging scheme or the Charges and Penalty Charges Regulations; (b) in a case where an [...]

Provision 11· GB, GB_SI2001_2313, reg 11

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.11 11. —(1) Where a charging authority serve notice under regulation 10(5)(b) that they do not accept that a ground on which representations were made under that regulation has been established, the person making those representations may appeal to an adjudicator against the authority’s decision, before— (a) the end of the period of 28 days beginning with the date of service of the notice; or (b) such longer period as an adjudicator may allow following consultation with the charging authority. (2) On an appeal under this regulation, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in regulation [...]

Provision 12· GB, GB_SI2001_2313, reg 12

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.12 12. —(1) Where a charge with respect to a vehicle under a charging scheme has not been paid by the time by which it is required by the scheme to be paid, the charging authority may serve a notice (“a penalty charge notice”). (2) A penalty charge notice shall be served on the registered keeper of the vehicle unless, in accordance with the Charges and Penalty Charges Regulations, the penalty charge to which it relates is payable by another person, in which case the penalty charge notice shall be served on that other person. (3) A penalty charge notice must state— (a) the amount of the penalty charge to which it relates; (b) the date and time at which the charging authority claim that the vehicle was used [...]

Provision 13· GB, GB_SI2001_2313, reg 13

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.13 13. —(1) Where it appears to the recipient that one or other of the grounds mentioned in paragraph (3) are satisfied, he may make representations to that effect to the charging authority who served the penalty charge notice on him. (2) The charging authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice was served. (3) The grounds are— (a) that the recipient— (i) never was the registered keeper in relation to the vehicle in question; (ii) had ceased to be the person liable before the date on which the vehicle was used or kept on a road in a charging area; or (iii) became the person l [...]

Provision 14· GB, GB_SI2001_2313, reg 14

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.14 14. —(1) Where representations are made under regulation 13 and the charging authority concerned accept that the ground in question has been established they shall— (a) cancel the penalty charge notice; and (b) state in the notice served under regulation 13(6) that the penalty charge notice has been cancelled. (2) The cancellation of a penalty charge notice under this regulation shall not be taken to prevent the charging authority concerned from serving a fresh penalty charge notice on the same or another person. Rejection of representations against penalty charge notice <span class="LegP1No"

Provision 15· GB, GB_SI2001_2313, reg 15

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.15 15. —(1) Where any representations are made under regulation 13 but the charging authority concerned do not accept that a ground has been established, the notice served under regulation 13(6) (“the notice of rejection”) must— (a) state that a charge certificate may be served under regulation 17 unless before the end of the period of 28 days beginning with the date of service of the notice of rejection— (i) the penalty charge is paid; or (ii) the person on whom the notice is served appeals to an adjudicator against the penalty charge; (b) indicate the nature of an adjudicator’s power to award costs against any person appealing to him; and (c) describe in general terms the form and manner in which an [...]

Provision 16· GB, GB_SI2001_2313, reg 16

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.16 16. —(1) Where a charging authority serve notice under regulation 13(6) that they do not accept that a ground on which representations were made under that regulation has been established, the person making those representations may appeal to an adjudicator against the charging authority’s decision before— (a) the end of the period of 28 days beginning with the date of service of that notice; or (b) such longer period as an adjudicator may allow. (2) On an appeal under this regulation, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in regulation 13(3) and may give the charging authority con [...]

Provision 17· GB, GB_SI2001_2313, reg 17

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.17 17. —(1) Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the charging authority serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by such proportion as may be specified in the charging scheme under which it was incurred. (2) The relevant period, in relation to a penalty charge notice, is the period of 28 days beginning— (a) where no representations are made under regulation 13, with the date on which the penalty charge notice is served; (b) where— (i) such representations are made; (ii) a notice of rejection i [...]

Provision 18· GB, GB_SI2001_2313, reg 18

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.18 18.   Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the charging authority concerned may, if a county court so orders, recover the increased charge as if it were payable under a county court order. Invalid notices <span class="LegP1No"

Provision 19· GB, GB_SI2001_2313, reg 19

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.19 19. —(1) This regulation applies where— (a) a county court makes an order under regulation 18; (b) the person against whom it is made makes a statutory declaration complying with paragraph (2); and (c) that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court’s order is served on him, served on the county court which made the order. (2) The statutory declaration must state that the person making it— (a) did not receive the penalty charge notice in question; (b) made representations to the charging authority concerned under regulation 13 but did not receive a notice of rejection from that authority; or (c) appealed to an adjudicator un [...]

Provision 20· GB, GB_SI2001_2313, reg 20

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.20 20. —(1) Subject to paragraph (2), (a) an unpaid penalty charge which is recoverable in accordance with regulation 18 as if it were payable under a county court order; and (b) a sum to be paid by a person (other than a charging authority) under an adjudication of an adjudicator which is recoverable in accordance with regulation 7 as if it were payable under a county court order, shall be treated for purposes of enforcement by execution as if they were specified debts in the Enforcement of Road Traffic Debts Order 1993( 5 ) (“the 1993 Order”). (2) For the purposes of the enforcement of payment of an unpaid penalty charge and a sum referred to in paragraph 1(b), any reference in the 1993 Order to “the au [...]

Provision 21· GB, GB_SI2001_2313, reg 21

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 reg.21 21.   Any penalty charge notice, charge certificate or other notice under these Regulations may be served by post (or in such other form as is agreed between the person to be served and the charging authority) and, where the person on whom it is to be served is a body corporate, is duly served if it is sent by post to the secretary or clerk of that body. Irvine of Lairg, C. 26th June 2001 Regulation 5 SCHEDULE PROCEDURE IN ADJUDICATION PROCEEDINGS PART I INTERPRETATION Interpretation of Schedule 1. —(1) In this Schedule— “appeal” means an appeal under regulation 11(1) or 16(1); “document exchange” means a document exchange providing a system of delivery of documents by reference to numbered boxes at docu [...]