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The Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008

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PART 3ADJUDICATORS AND JOINT ARRANGEMENTS

Discharge by enforcement authorities of functions relating to adjudicators

8.—(1) The functions of the Welsh enforcement authorities relating to adjudicators under section 81 of the 2004 Act and under regulations 9 and 10 shall be discharged jointly, under arrangements made under section 101(5) of the Local Government Act 1972(1), by a joint committee or joint committees appointed under section 102(1)(b) that Act.

(2) The constituent authorities of a joint committee may include local authorities in England.

(3) Any arrangements for the discharge of functions by a joint committee under section 73 of the Road Traffic Act 1991(2), as that section was applied to local authorities outside Greater London, which were—

(a)made between local authorities outside Greater London; and

(b)subsisting immediately before the coming into force of these Regulations,

shall continue in force and shall have effect as if made under this regulation, until such time as those arrangements are varied or replaced.

Appointment of adjudicators

9.—(1) The Welsh enforcement authorities shall appoint such number of adjudicators for the purposes of Part 6 of the 2004 Act on such terms as they may decide.

(2) Any decision by those authorities to appoint a person as an adjudicator shall not have effect without the consent of the Lord Chancellor.

(3) Any decision by those authorities—

(a)not to re-appoint a person as an adjudicator; or

(b)to remove a person from his office as an adjudicator,

shall not have effect without the consent of the Lord Chancellor and of the Lord Chief Justice

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005(3)) to exercise his functions under paragraph (3).

(5) Adjudicators who—

(a)were appointed under section 73 of the Road Traffic Act 1991 by Welsh local authorities; and

(b)held office immediately before the coming into force of this regulation,

shall be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.

(6) Each adjudicator shall make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities.

(7) The relevant authorities shall make and publish an annual report to the Welsh Ministers on the discharge by the adjudicators of their functions.

Expenses of the relevant authorities

10.—(1) In default of a decision by any of the Welsh enforcement authorities under section 81(9)(a) of the 2004 Act as to the proportions in which their expenses under section 81 of that Act are to be defrayed, the authorities concerned shall refer the issue to an arbitrator nominated by the Chartered Institute of Arbitrators for him to determine.

(2) Where the Welsh Ministers are satisfied that there has been a failure on the part of any of the Welsh enforcement authorities to agree those proportions, they may give to the relevant joint committee such directions as are in their opinion necessary to secure that the issue is referred to arbitration in accordance with paragraph (1).

(3) In this regulation “the relevant joint committee” means the joint committee constituted under regulation 8 of which the enforcement authorities in default are constituent authorities.

(2)

Section 73 was applied with modifications to permitted and special parking areas outside London by individual orders designating such areas under Schedule 3 to the Road Traffic Act 1991.

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