The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011

Procedure at a hearing

18.—(1) At the beginning of the hearing of an appeal the adjudicator is to explain the procedure which the adjudicator proposes to adopt.

(2) Subject to the provisions of this regulation, the adjudicator is to conduct the hearing of an appeal in such manner as the adjudicator considers most suitable to the clarification of the issues before the adjudicator and generally to the just handling of the proceedings and the adjudicator is to seek, so far as appears to the adjudicator appropriate, to avoid formality in the proceedings.

(3) Any hearing of an appeal by the adjudicator is to be in public except where the adjudicator is satisfied that, by reason of exceptional circumstances, it is just and reasonable for the hearing, or part of it, to be in private.

(4) The following persons are entitled to attend the hearing of an appeal whether or not it is in private—

(a) any other adjudicator; and

(b) a member of the Administrative Justice and Tribunals Council or of the Scottish Committee of that Council.

(5) The adjudicator, with the consent of the parties, may permit any other person to attend the hearing of an appeal which is held in private or, where part of it is so held, that part.

(6) The adjudicator may exclude from the hearing of an appeal, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the adjudicator, to disrupt the hearing.

(7) Subject to paragraph (9), at the hearing the authority may be represented by a solicitor, counsel or any other person.

(8) At the hearing of an appeal, the appellant may conduct the appellant’s case personally (with assistance from any person if the appellant wishes) or may be represented by a solicitor, counsel or any other person.

(9) If in any particular case the adjudicator is satisfied that there are good and sufficient reasons for doing so, the adjudicator may refuse to permit a particular person to assist or represent either party at the hearing.

(10) At the hearing of an appeal—

(a) the parties are entitled to give evidence, to call witnesses, to question any witness and to address the adjudicator both on the evidence and generally on the subject matter of the appeal; and

(b) the adjudicator may receive evidence of any fact which appears to the adjudicator to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law.

(11) Where a party who has been sent a notice of the hearing of an appeal, or otherwise informed of the hearing in accordance with regulation 16, fails to attend or be represented at the hearing, the adjudicator may dispose of the appeal in the absence of that party.