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

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10.—(1) Where representations are made to an authority under regulation 9 within the 28 day period, it is the duty of the authority—

(a)to consider them and any supporting evidence provided; and

(b)in relation to each ground on which representations are made, to serve on the person by whom the representations are made notice of its decision as to whether or not it accepts that the ground has been established.

(2) Where an authority accepts that at least one ground on which representations are made is established, the authority must—

(a)cancel the charge notice; and

(b)serve notice on the recipient stating that the charge notice has been cancelled.

(3) Where an authority is not satisfied that any of the statutory grounds of appeal is established, the notice served in accordance with paragraph (1)(b) must be a notice stating that they do not accept that the ground has been established (“a notice of rejection”).

(4) A notice of rejection must—

(a)state the reasons for the authority’s decision;

(b)state that an appeal against the imposition of the charge may be made to an adjudicator within the appeal period;

(c)specify the statutory grounds of appeal;

(d)describe in general terms the procedure for making an appeal;

(e)state that an adjudicator has power to make an award of expenses;

(f)indicate the circumstances in which the power may be exercised; and

(g)state that unless, before the end of the appeal period—

(i)the charge is paid; or

(ii)an appeal is made to an adjudicator against the imposition of the charge,

the authority may increase the charge by 50 per cent and take steps to enforce payment.

(5) Where a charge notice is cancelled under paragraph (2), the authority may serve on any person other than the person on whom the original charge notice was served a fresh charge notice in relation to the alleged contravention that was the subject of the cancelled notice.

(6) Regulation 8 applies in relation to a fresh notice served under paragraph (5) as if—

(a)in paragraph (2), for “the detection date”, there were substituted “the date on which the charge notice is cancelled”; and

(b)in paragraph (3)—

(i)in sub-paragraph (a), for “the detection date”, there were substituted “the date on which the charge notice is cancelled”; and

(ii)in sub-paragraph (b), the reference to paragraph (2) were a reference to that paragraph as modified by sub-paragraph (a) of this paragraph.

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