The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003 © Crown Copyright 2003 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003, ISBN 0 11 044699 2. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Lord Chancellor, in exercise of the powers conferred on him by paragraphs 12(3) and 28 of Schedule 23 to the Greater London Authority Act 1999[1] and by section 420(1) of that Act, hereby makes the following Regulations: - Citation and commencement 1. These Regulations may be cited as the Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003 and shall come into force on 17 February 2003. Preliminary 2. The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001[2] shall be amended as follows. Amendment of regulation 2 (interpretation) 3. In regulation 2(1), the following definition shall be inserted after the definition of "hiring agreement" -
Reports by adjudicators
(ii) the number of penalty charges incurred after he had become the person liable was fewer than such number as may be specified for the purposes of regulation 10(1)(b) or 12(1)(b), as the case may be, of the Charges and Penalty Charges Regulations; or".
Right to appeal to an adjudicator
Penalty charge notices
(e) the amount of the reduced penalty charge if it is duly paid in the time specified in the charging scheme; (ea) the amount of the increased penalty charge if:
(ii) no representations are made under regulation 13,
Representations against penalty charge notice
(b) after the word "payable" there shall be inserted "under the charging scheme".
Adjudication by an adjudicator
Charge certificates
Enforcement by execution
(b) the reference in article 3(1) of the 1993 Order to "the time for serving a statutory declaration" shall be a reference to, as the case may be -
(ii) where a longer period has been allowed pursuant to regulation 19(4), that period."
Service by post (This note is not part of the Regulations) These Regulations amend the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313) ("the Principal Regulations"). The Principal Regulations should be read in conjunction with the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285 as amended by S.I. 2003/109) ("the Charges and Penalty Charges Regulations"). Regulation 3 amends regulation 2(1) of the Principal Regulations (interpretation) by the insertion of a definition of "outstanding" to provide that in relation to a penalty charge "outstanding" shall be construed in accordance with regulation 11(2) of the Charges and Penalty Charges Regulations. Regulation 4 amends a reference to the Secretary of State for Transport, Local Government and the Regions in regulation 8 of the Principal Regulations (reports by adjudicators) so that it now refers to the Secretary of State for Transport. Regulation 5 amends regulation 10(3) of the Principal Regulations (right to make representations). A new paragraph (3)(d) is substituted. Paragraph (3)(d) relates to the situation where the person liable in relation to a vehicle at the time of immobilisation or removal was not the person liable when the outstanding penalty charges were incurred or the number of penalty charges incurred after he had become the person liable was fewer than the number specified for the purposes of regulation 10(1)(b) or 12(1)(b), as the case may be, of the Charges and Penalty Charges Regulations. Regulation 6 amends regulation 11 of the Principal Regulations (right to appeal to an adjudicator) by inserting a new regulation 11(1A) which permits an adjudicator to allow a longer period for an appeal under regulation 11(1)(b) whether or not the period specified in regulation 11(1)(a) has already expired. Regulation 7 amends regulation 12(1) of the Principal Regulations (penalty charge notices) to clarify that in order for a charging authority to be able to serve a penalty charge notice, the charging scheme must provide for a penalty charge in those circumstances. It also amends regulation 12(3) with regard to the contents of a penalty charge notice. Regulation 8 amends regulation 13(1) of the Principal Regulations (representations against penalty charge notice) to make it clear that representations against a penalty charge notice must be in writing. It also amends regulation 13(3)(c) to insert a reference to the relevant charging scheme. Regulation 9 amends regulation 16 of the Principal Regulations (adjudication by an adjudicator) by amending regulation 16(1)(b) and by inserting a new regulation 16(1A) which permits an adjudicator to allow a longer period for an appeal under regulation 16(1)(b) whether or not the period specified in regulation 16(1)(a) has already expired. Regulation 10 amends regulation 17(1) of the Principal Regulations (charge certificates) in a minor respect and inserts a new regulation 17(1A) to make it clear that a charging authority can serve successive charge certificates. Regulation 11 makes drafting changes to regulation 20 of the Principal Regulations (enforcement by execution). Regulation 12 amends regulation 21 of the Principal Regulations (service by post). Notes: [1] 1999 c. 29; relevant amendments to Schedule 23 to the Greater London Authority Act 1999 were made by Schedule 13 to the Transport Act 2000 (c. 38).back
[a] Amended by Correction Slip. Page 2, regulation 7(3), substituted sub-paragraph "(ea)" should read as follows: "(ea) the amount of the increased penalty charge if: (i) the penalty charge is not paid; or (ii) no representations are made under regulation 13, before the end of the relevant period as defined by regulation 17(2)(a);". back
ISBN 0 11 044699 2
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