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

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Disposing of an appeal without a hearing

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15.—(1) Subject to the provisions of this Part, the adjudicator may decide the general procedure to be followed in connection with appeals and may dispose of an appeal without a hearing, unless in the adjudicator’s opinion the appeal raises issues of public importance such as to require that a hearing be held.

(2) If either party has requested a hearing, the adjudicator must not dispose of an appeal without a hearing unless—

(a)the request is withdrawn before notice of a hearing has been sent to the other party; or

(b)both parties have subsequently consented to the appeal being disposed of without a hearing.

(3) Where the adjudicator is minded to dispose of an appeal without a hearing, the adjudicator—

(a)is to inform the parties of that intention; and

(b)must not dispose of the appeal without a hearing unless—

(i)there has elapsed a period of 28 days beginning with the date on which an acknowledgement is sent in accordance with regulation 13(1) during which neither party has requested a hearing; or

(ii)both parties have consented to its disposal without a hearing.

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