The Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006

PART III APPEAL BY WAY OF A STATUTORY DECLARATION TO THE ADJUDICATOR UNDER ARTICLE 16 OF THE ORDER

Interpretation of Part III

14.—(1) This Part of these Regulations shall have effect for determining the procedure where a person has served a statutory declaration on the adjudicator under Article 16(1) of the Order.

(2) In this Part—

“appeal” means an appeal under Article 16(1) of the Order, and

“appellant” means the person making the appeal.

Initiating an appeal

15.—(1) A statutory declaration shall be in Form 3 and shall be served on the adjudicator under Article 16(1) of the Order by delivering it to the proper officer.

(2) If the statutory declaration is served on the adjudicator later than the time limit mentioned in Article 16(1) of the Order, the appellant shall include with it a statement of the reasons on which he relies for justifying the delay, and the adjudicator shall treat any such statement of reasons for delay as a request for extending that time limit.

(3) The appellant or his authorised representative shall sign the statement.

Action upon receipt of statutory declaration and copy of such declaration

16.—(1) Upon receiving a statutory declaration the proper officer shall—

(a) send an acknowledgement of its receipt to the appellant;

(b) enter particulars of it in the register; and

(c) send to the Department a copy of the statutory declaration and any direction extending the time limit for serving the statutory declaration.

(2) In the case of a statutory declaration which contains a statement under Article 16(2)(a) or (b) of the Order, upon receipt of a copy of the statutory declaration sent under this regulation, the Department shall within 21 days deliver to the proper officer—

(a) a copy of the relevant notice under Article 6 or 7 of the Order (if any);

(b) the original representations (if any);

(c) a copy of the notice served under Article 9(4)(b), (if any); and

(d) any representations the Department may wish to make in relation to the matter.

(3) Where the Department delivers representations to the proper officer under paragraph (2)(d), it shall at the same time send a copy of the representations to the appellant.

Action upon receipt of copy of any representations from the Department

17.—(1) Where the Department sends a copy of its representations to the appellant under regulation 16(3), the appellant shall within 14 days of receipt of the copy of the representations, deliver to the proper officer any additional representations the appellant may wish to make in relation to the matter.

(2) Any representations delivered under regulation 16(2)(d) or this regulation shall be signed by, or by the authorised representative of, the party in question.

Procedure

18.—(1) Save as provided in sub-paragraph (3)(a), the adjudicator shall dispose of the statutory declaration without a hearing.

(2) In the case of a statutory declaration which contains a statement under Article 16(2)(b) of the Order, the adjudicator may, in particular—

(a) if it appears to him that the appellant has made representations under Article 9 of the Order in accordance with that Article in relation to the subject matter of the case but that the Department has not received the representations or has not considered them, direct the Department to consider the representations and serve a notice of its decision under Article 9 of the Order; or

(b) if it appears to him that the appellant has made representations under Article 9 of the Order in accordance with that Article in relation to the subject matter of the case and that the Department has considered the representations but has not served a notice of its decision under Article 9 of the Order, direct the Department to serve a notice of its decision under Article 9 of the Order, or

(c) if it appears to him that the Department has served a notice of its decision under Article 9 of the Order but that the appellant has not received the notice, direct the Department to serve a fresh notice of its decision under Article 9 of the Order.

(3) In the case of a statutory declaration which contains a statement under Article 16(2)(c) of the Order, the adjudicator may, in particular—

(a) if it appears to him that the appellant has made an appeal under Article 13 of the Order in accordance with regulation 3 in relation to the subject matter of the case but that the adjudicator has not received the notice of appeal or has not considered it, proceed with the case as an appeal under Article 13 of the Order; or

(b) if it appears to him that an appeal under Article 13 of the Order in relation to the subject matter of the case has been considered by an adjudicator but that a notice of the adjudicator’s decision under that Article has not been served on the appellant, serve that notice on the appellant; or

(c) if it appears to him that an appeal under Article 13 of the Order in relation to the subject matter of the case has been considered by an adjudicator and that a notice of the adjudicator’s decision under that Article has been served on the appellant but that the appellant has not received the notice, serve a fresh notice of that decision on the appellant.