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

Disposing of an appeal without a hearing

This section has no associated Executive Note

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(a)the request is withdrawn before notice of a hearing has been sent to the other party; or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