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Traffic Management Act 2004

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This is the original version (as it was originally enacted).

80Representations and appeals

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(1)The Lord Chancellor may make provision by regulations entitling a person—

(a)who is or may be liable to pay a penalty charge, or

(b)who secures the release of a vehicle from an immobilisation device on payment of an amount in accordance with regulations under section 79,

to make representations to the enforcement authority and to appeal to an adjudicator if his representations are not accepted.

(2)The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—

(a)requiring the authority to give a person notice of the rights conferred by the regulations,

(b)as to the grounds on which, and time within which, representations may be made,

(c)requiring supporting evidence in such circumstances as may be specified,

(d)as to the duties of the authority when representations are received,

(e)as to the circumstances in which there is a right of appeal to an adjudicator,

(f)generally as to the making, determination and effect of, and procedure in connection with, appeals, and

(g)enabling an adjudicator to review any decision made on, or in the course of, an appeal.

(3)The regulations may provide that, as respects a ground on which representations may be made, the adjudicator’s function on an appeal is to decide whether to direct the enforcement authority to consider or re-consider (as the case may be) any representations relating to that ground.

(4)The regulations may include provision—

(a)authorising an adjudicator to require a person—

(i)to attend to give evidence at the hearing of an appeal, and

(ii)to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal, and

(b)making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement.

(5)The regulations may provide that a person who makes a representation that is false in a material particular, and does so recklessly or knowing it to be false, commits an offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale.

(6)The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified.

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