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London Local Authorities and Transport for London Act 2008

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Adjudicators

5(1)Functions of adjudicators under this Schedule shall be discharged by—

(a)the persons who are appointed as parking adjudicators under section 73 of the 1991 Act (until that section is repealed by section 98 of the 2004 Act); or

(b)the persons appointed under regulations made under section 81 of the 2004 Act (adjudicators) as adjudicators for the purposes of Part 6 of that Act (after section 73 is repealed).

(2)When any of the outstanding penalty charges to which an appeal relates is payable under regulations made under paragraph 12 of Schedule 23 to the Greater London Authority Act 1999 (c. 29) (road user charging), the adjudicator must also be a person appointed under regulations made under paragraph 28(c) of that Schedule.

(3)Regulations under section 73(11) of the 1991 Act (provision as to procedure to be followed in relation to proceedings before parking adjudicators) may make provision with respect to proceedings before parking adjudicators when exercising the functions of adjudicators under this Schedule; and any regulations under that subsection in force at the coming into operation of Part 5 (non-payment of penalty charges) of this Act shall, with any necessary modifications, apply in relation to such proceedings.

(4)The references to a parking adjudicator or parking adjudicators in section 73(13) to (15) and (17) and (18) of the Act of 1991 shall include references to a parking adjudicator or parking adjudicators exercising the functions of adjudicators under this Schedule but section 73(15) of that Act shall not apply to a penalty charge under the said Part 5 which remains payable following an adjudication under this Schedule.

(5)Regulations under section 80 of the 2004 Act (representations and appeals) may make provision in connection with—

(a)appeals under paragraph 3 above as they do in relation to appeals which may be made under those regulations;

(b)adjudicators under this Schedule as they do in relation to adjudicators appointed under section 81 of that Act,

and any regulations under the said section 80 in force at the coming into operation of the said Part 5 shall, with any necessary modifications, apply in relation to such appeals and adjudicators.

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