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The Traffic Management (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Appeal by way of statutory declaration to an adjudicator

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16.—(1) Where a person is liable to pay an amount under Article 15(1) he may serve a statutory declaration on an adjudicator before the end of the period of 21 days from the date of a notice under paragraph (2) of that Article or such longer period as an adjudicator may allow.

(2) A statutory declaration for the purposes of this Article must state not more than one of the following—

(a)that the appellant did not receive a notice under Article 6 or 7;

(b)that the appellant made representations under Article 9 but did not receive a notice of rejection;

(c)that the appellant appealed to an adjudicator under Article 13 but did not receive a notice of his decision under that Article.

(3) A statutory declaration must state such additional matters as the Lord Chancellor may determine.

(4) The adjudicator shall—

(a)consider the statutory declaration, any additional representations made by the appellant and any representations made by the Department; and

(b)serve notice of his decision on the appellant and the Department.

(5) Where an adjudicator decides that a statement under paragraph (2) is true—

(a)the charge certificate shall be deemed to be cancelled and Article 15(1) shall not by virtue of the service of that certificate have effect in relation to the penalty charge;

(b)the Department shall comply forthwith with any directions which the adjudicator may give to it; and

(c)in the case of a statement under paragraph (2)(c), the adjudicator may take such steps as he thinks appropriate.

(6) Service of a statutory declaration stating that the appellant did not receive a notice under Article 6 or 7 does not prevent the Department serving a fresh notice under Article 6 or 7 (to which, in the case of a notice under Article 7, paragraph (2) of that Article shall not apply).

(7) In this Article “appellant” means the person making the statutory declaration.

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