PART 4

Penalty Charges and Fixed Penalties

Penalty Charges

Adjudicators
63
1
The Lord Chancellor may make provision by regulations for and in connection with the appointment of adjudicators for the purposes of this Part.
2
The following provisions apply in relation to the office of adjudicator—
a
to be qualified for appointment as an adjudicator, a person must have a 5-year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41));
b
an adjudicator is appointed for a term, not exceeding five years, specified in his instrument of appointment;
c
on the expiry of a term of appointment an adjudicator is eligible for re-appointment;
d
an adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions, but otherwise holds and vacates office in accordance with the terms of his appointment.
3
The regulations shall provide—
a
for adjudicators to be appointed by the borough councils on such terms as those councils may decide; and
b
for the consent of the Lord Chancellor to be required for any decision by those authorities—
i
to appoint a person as an adjudicator;
ii
not to re-appoint a person as an adjudicator; or
iii
to remove a person from his office as adjudicator.
4
The borough councils shall—
a
provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators; and
b
determine the places where adjudicators are to sit,
and shall defray all the expenses of the adjudication process and, in particular, expenses in relation to the remuneration of adjudicators.
5
The regulations shall provide—
a
for each adjudicator to make an annual report to the councils in accordance with such requirements as may be imposed by the councils; and
b
for the councils to make and publish an annual report to the Secretary of State on the discharge by the adjudicators of their functions.
6
The regulations shall provide for the functions of the borough councils under this section to be discharged by a joint committee.
7
The expenses of the councils under this section shall be defrayed by them in such proportions—
a
as they may decide; or
b
in default of a decision by them, as may be determined in accordance with regulations made by the Secretary of State.
8
Regulations under subsection (7)(b) above may, in particular, provide—
a
for the matter to be determined by an arbitrator appointed by a body specified in the regulations; and
b
for the giving of directions by the Secretary of State in order to secure that the matter is referred to arbitration.
9
Until regulations are made under this section for and in connection with the appointment of adjudicators for the purposes of this Part, functions of adjudicators under this Part shall be discharged by—
a
the persons who are appointed as parking adjudicators under section 73 of the Road Traffic Act 1991 (c. 40) (until that section is repealed by section 98 of the Traffic Management Act 2004) (c. 18); or
b
the persons appointed under regulations made under section 81 of the said Act (adjudicators) as adjudicators for the purposes of Part 6 of that Act (after the said section 73 is repealed).