Office of Public Sector Information

PART 5 THE REGISTER

The register

21.—(1) The proper officer shall establish and maintain, in accordance with the following provisions of this paragraph, a register for the purpose of recording proceedings conducted under these Regulations.

(2) The register shall be kept open for inspection by any person without charge at all reasonable hours at the principal office of the adjudicators.

(3) The register may be kept in electronic form.

(4) If the register is kept in electronic form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the recording of the entry the inspection of which is being sought.

(5) A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in a register shall be evidence of the entry and of the matters contained in it.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision entitling persons who are or may be liable to pay penalty charges in respect of parking contraventions, or who pay charges to secure the release of vehicles which have been immobilised or removed on account of such contraventions, to make representations to enforcement authorities regarding their liability for the charges and to appeal to an adjudicator if the representations are not accepted. These Regulations should be read in conjunction with the Civil Enforcement of Parking Contraventions (England) General Regulations (S.I. 2007/3483). Both sets of Regulations apply only to England.

Part 1 contains preliminary provisions.

Part 2 concerns representations and appeals against penalty charge notices and notices to owner given under the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (“the General Regulations”), which were made jointly by the Secretary of State and the Lord Chancellor under Part 6 of the Traffic Management Act 2004.

Regulation 3 defines the scope of Part 2 and specifies the information to be given to the recipients of penalty charge notices and notices to owner. Regulation 4 confers on the recipient of a notice to owner or penalty charge notice given under regulation 10 of the General Regulations the right to make representations to the enforcement authority which served it. The form of the representations and the grounds on which they may be made are specified. Regulations 5 and 6 set out the duties of an enforcement authority to which representations are made, according as it accepts or rejects the representations. Regulation 7 enables a person who has made representations under regulation 4 to appeal to an adjudicator against an enforcement authority’s rejection of his representations.

Part 3 makes provision for representations and appeals in relation to vehicles which have been immobilised in accordance with the General Regulations.

Regulation 8 confers, on the owner or person in charge of a vehicle who secures its release from an immobilisation device, a right to make representations to the enforcement authority. The enforcement authority is required to inform the person securing the release of the vehicle of his rights in writing. The basis for making representations is specified in regulation 8(4) and (5). Regulation 9 sets out the duties of an enforcement authority to which representations are made and regulation 10 provides for an appeal to be made to an adjudicator where representations under regulation 9 are rejected.

Part 4 makes provision for the making of representations and appeals in relation to vehicles which have been removed and stored or disposed of, in accordance with the Road Traffic Regulation Act 1984 and regulations made under it.

Regulation 11 specifies the persons to whom the regulation applies, requires such persons to be informed of their right to make representations and to appeal to an adjudicator, confers on such persons a right to make representations to the enforcement authority and specifies the basis on which they may be made. Regulation 12 specifies the duties of an enforcement authority in relation to representations received by it under regulation 11 and regulation 13 confers a right to appeal to an adjudicator where the enforcement authority rejects representations made to it under regulation 11.

Part 5 relates to offences and procedure. Regulation 14 creates an offence of making false or reckless representations under Parts 2 and 3 of these Regulations. Regulation 15 introduces the Schedule which makes detailed provision as to the procedure to be followed in adjudication proceedings and the service of documents in such proceedings. Otherwise the procedure is in the discretion of the adjudicator.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Traffic Management Division, Department for Transport, 1/06 Great Minster House, 76 Marsham Street, London SWIP 4DR (telephone 020 7944 8693) and can be found on the website of the Department for Transport at www.dft.gov.uk/.