The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313) (“the Principal Regulations”). The Principal Regulations should be read in conjunction with the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285 as amended by S.I. 2003/109) (“the Charges and Penalty Charges Regulations”).

Regulation 3 amends regulation 2(1) of the Principal Regulations (interpretation) by the insertion of a definition of “outstanding” to provide that in relation to a penalty charge “outstanding” shall be construed in accordance with regulation 11(2) of the Charges and Penalty Charges Regulations.

Regulation 4 amends a reference to the Secretary of State for Transport, Local Government and the Regions in regulation 8 of the Principal Regulations (reports by adjudicators) so that it now refers to the Secretary of State for Transport.

Regulation 5 amends regulation 10(3) of the Principal Regulations (right to make representations). A new paragraph (3)(d) is substituted. Paragraph (3)(d) relates to the situation where the person liable in relation to a vehicle at the time of immobilisation or removal was not the person liable when the outstanding penalty charges were incurred or the number of penalty charges incurred after he had become the person liable was fewer than the number specified for the purposes of regulation 10(1)(b) or 12(1)(b), as the case may be, of the Charges and Penalty Charges Regulations.

Regulation 6 amends regulation 11 of the Principal Regulations (right to appeal to an adjudicator) by inserting a new regulation 11(1A) which permits an adjudicator to allow a longer period for an appeal under regulation 11(1)(b) whether or not the period specified in regulation 11(1)(a) has already expired.

Regulation 7 amends regulation 12(1) of the Principal Regulations (penalty charge notices) to clarify that in order for a charging authority to be able to serve a penalty charge notice, the charging scheme must provide for a penalty charge in those circumstances. It also amends regulation 12(3) with regard to the contents of a penalty charge notice.

Regulation 8 amends regulation 13(1) of the Principal Regulations (representations against penalty charge notice) to make it clear that representations against a penalty charge notice must be in writing. It also amends regulation 13(3)(c) to insert a reference to the relevant charging scheme.

Regulation 9 amends regulation 16 of the Principal Regulations (adjudication by an adjudicator) by amending regulation 16(1)(b) and by inserting a new regulation 16(1A) which permits an adjudicator to allow a longer period for an appeal under regulation 16(1)(b) whether or not the period specified in regulation 16(1)(a) has already expired.

Regulation 10 amends regulation 17(1) of the Principal Regulations (charge certificates) in a minor respect and inserts a new regulation 17(1A) to make it clear that a charging authority can serve successive charge certificates.

Regulation 11 makes drafting changes to regulation 20 of the Principal Regulations (enforcement by execution).

Regulation 12 amends regulation 21 of the Principal Regulations (service by post).