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PART 3Builders' Skips

14Appeals in relation to immobilisation

(1)If the owner of a skip makes representations under section 62(1) of the 2007 Act to a relevant highway authority in an immobilisation case, and the relevant highway authority accepts that a ground specified in section 9(6) applies, it shall, when it serves notice that it accepts that ground, refund (in addition to a sum representing the penalty charge paid) a sum representing the amount of any charge paid under section 13(2)(b).

(2)If the owner of a skip appeals to an adjudicator under section 62 of the 2007 Act (or regulations made under that section) in an immobilisation case, and the adjudicator accepts that a ground specified in section 9(6) applies the adjudicator shall direct the relevant highway authority to refund (in addition to a sum representing the penalty charge paid) a sum representing the amount of any charge paid under section 13(2)(b).

(3)It shall be the duty of a relevant highway authority to which a direction is given under subsection (2) to comply with it forthwith.

(4)In this section an “immobilisation case” means a case where a penalty charge notice has been served in accordance with section 61 of the 2007 Act in relation to a penalty charge payable under section 9(3) and an immobilisation device has been fixed to the skip under section 12.