(This note is not part of the Regulations)
These Regulations are made under powers conferred upon the Secretary of State for Transport by section 101B of the Road Traffic Regulation Act 1984. The functions of the Secretary of State for Transport and of the Lord Chancellor in relation to sections 99 to 103 of the Road Traffic Regulation Act 1984 were transferred to the National Assembly for Wales under the provisions of the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). These powers were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006. The Regulations provide for the making of representations and appeals against charges for the removal, storage and disposal of a vehicle removed under that Act from an area which is a civil enforcement area for parking contraventions in accordance with Part 6 of the Traffic Management Act 2004.
These Regulations are to be read in conjunction with the Civil Enforcement of Parking Contraventions (General Provisions)(Wales) Regulations 2008 (S.I. 2008/614 (W.66), the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008 (S.I. 2008/608) and the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication)(Wales) Regulations 2008 (S.I. 2008/609).
Regulation 3 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 in a form specified by the enforcement authority and specifies the basis on which they may be made. Regulation 4 specifies the duties of an enforcement authority in relation to representations received by it under regulation 3 and Regulation 5 confers a right to appeal to an adjudicator where the enforcement authority rejects representations made to it under regulation 3. Regulation 6 applies the Schedule to the Civil Enforcement of Parking Contraventions (Representations and Appeals)(Wales) Regulations 2008 (S.I. 2008/608) to procedure and the service of documents in adjudicator proceedings under these Regulations. Regulation 7 creates an offence of making false representations under regulation 4 or regulation 5.
A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Integrated Transport Unit, Transport, Planning and Administration Division, Transport Wales, Welsh Assembly Government, Crown Offices, Cathays Park, Cardiff, CF10 3NQ or on the Welsh Assembly Government website at http://www.assemblywales.org/bus-home/buslegislation/bus/bus-legislation-sub/bus-legislation-sub-annulment.htm