The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999

PART IIIReferences to the Adjudicator under paragraph 8(7) of Schedule 6 to the Act

Interpretation of Part III

18.  This Part of these Regulations shall have effect for determining the procedure where—

(a)an order of a county court is deemed to have been revoked under paragraph 8(5) of Schedule 6 to the Act; and

(b)the local authority concerned has referred the case to the adjudicator under paragraph 8(7) of that Schedule;

and in relation to a case so referred, for the purposes of this Part of these Regulations, a relevant person is the person against whom the county court order has been made.

Procedure

19.—(1) Where a case has been referred to the adjudicator under paragraph 8(7) of Schedule 6 to the Act—

(a)the proper officer shall enter particulars of the case in the register; and

(b)without prejudice to his powers under that provision, the adjudicator shall give directions as to the conduct of the proceedings unless he decides that no such directions are necessary.

(2) The adjudicator may, in particular—

(a)if it appears to him that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal; or

(b)if it appears to him that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under regulation 11 to review that decision.

(3) Where the adjudicator gives a direction under paragraph (2)(a), Part II of these Regulations shall apply to the proceedings with appropriate modification as if regulation 3 and 4 had been omitted.