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The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001

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Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the procedures for the enforcement and adjudication of road user charging schemes in Greater London under Schedule 23 to the Greater London Authority Act 1999. In particular, the Regulations cover requirements relating to the notification, adjudication and enforcement of penalty charges, the determination of disputes, appeals against determinations, the appointment of persons to hear any such appeals and the admissibility of evidence in proceedings under Schedule 23.

These Regulations should be read in conjunction with the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285) (copies of which are obtainable from the Stationery Office).

Regulation 3 relates to the appointment of adjudicators who hear appeals. They are to be appointed by the Lord Chancellor.

Regulation 4 explains the arrangements for administrative support and defrayal of expenses by the Greater London Authority.

Regulation 5 and the Schedule provide for the procedure in adjudication proceedings.

Regulation 6 specifies that evidence of a relevant fact may be given by the production of a record produced by a prescribed device and a certificate in the appropriate form.

Regulation 7 provides that amounts payable under an adjudication shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.

Regulation 8 provides for each adjudicator to make an annual report to the Secretary of State for Transport, Local Government and the Regions.

Part III (regulations 9 to 11) relates to the right to make representations and appeals in relation to the removal or immobilisation of vehicles.

Part IV (regulations 12 to 21) specifies the steps which can be taken by a charging authority when a penalty charge has not been paid. There is provision for representations to be made against penalty charge notices and in specified circumstances for cancellation of penalty charge notices, rejection of representations against penalty charge notices, appeals to an adjudicator, service of charge certificates and a procedure for resolving disputes about invalid notices.

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