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Statutory Instruments

2007 No. 3482

road traffic, England

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

Made

10th December 2007

Coming into force

31st March 2008

Go to Explanatory Note

The Lord Chancellor makes these Regulations, in exercise of the powers conferred upon him by section 101B of the Road Traffic Regulation Act 1984(1) and by sections 80 and 89 of the Traffic Management Act 2004(2):

In accordance with section 134(5) of the Road Traffic Regulation Act 1984 and section 89(5) of the Traffic Management Act 2004, a draft of these Regulations was laid before and approved by a resolution of each House of Parliament.

PART 1 PRELIMINARY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 and shall come into force on 31st March 2008.

(2) These Regulations apply only to England.

Interpretation

2.—(1) In these Regulations—

“the 1984 Act” means the Road Traffic Regulation Act 1984;

“the 2004 Act” means the Traffic Management Act 2004;

“appellant”, in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

“the General Regulations” means the Civil Enforcement of Parking Contraventions (England) General Regulations 2007(3);

“notice of rejection” means a notice served by an enforcement authority rejecting, or not accepting, representations made to it under regulation 4, 8 or 11;

“notice to owner” has the meaning given in paragraph (2);

“penalty charge” and “penalty charge notice” have the same meanings as in the General Regulations (see regulation 2(1) of those Regulations);

“owner”, in relation to a vehicle, includes any person who, by virtue of regulation 5(3) of the General Regulations, falls to be treated as the owner of the vehicle for the purposes of those Regulations;

“procedural impropriety” has the meaning given by regulation 4(5); and

“recipient” has the meaning given in paragraph (2).

(2) In these Regulations (except regulation 3)—

(a) references to a “notice to owner” shall be taken—

(i) in a case where a penalty charge notice has been served under regulation 9 of the General Regulations, as references to a notice to owner as defined by regulation 2(1) of those Regulations;

(ii) in a case where a penalty charge notice has been served under regulation 10 of the General Regulations, as references to that penalty charge notice; and

(b) references to “the recipient” in relation to a notice to owner as so defined shall be taken as references to the person on whom the notice to owner was served.

(1)

1984 c. 27; section 99 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 32, and Schedule 8 and by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 15 and Schedule 5, Part 1; sections 101A and 101B were inserted by the Traffic Management Act 2004, Schedule 11, paragraph 3(2); and section 134(5) was amended by the Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756) article 2. Back [1]

(3)

S.I. 2007/3483. Back [3]