Office of Public Sector Information

PART 2 PENALTY CHARGES

Penalty charge notices

4.—(1) In these Regulations a “penalty charge notice” means a notice which—

(a) was given in accordance with regulation 5 or 6 in relation to a parking contravention; and

(b) complies with the requirements of the Schedule which apply to it as well as to those of regulation 3 of the Representations and Appeals Regulations which so apply.

(2) The Schedule has effect with regard to penalty charge notices.

Penalty charge notices — service by a civil enforcement officer

5.  Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—

(a) By fixing it to the vehicle; or

(b) Giving it to the person appearing to him to be in charge of the vehicle.

Penalty charge notices — service by post

6.—(1) An enforcement authority may serve a penalty charge notice by post where—

(a) on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;

(b) a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 5 but was prevented from doing so by some person, or

(c) a civil enforcement officer had begun to prepare a penalty charge notice in accordance with regulation 5 but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 5,

and references in these Regulations to a “Regulation 6 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.

(2) For the purposes of paragraph (1)(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.

(3) A regulation 6 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.

(4) Subject to paragraph (6), a regulation 6 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

(5) Paragraph (6) applies where—

(a) within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;

(b) an earlier regulation 6 penalty charge notice relating to the same contravention has been cancelled under regulation 15(5)(c); or

(c) an earlier regulation 6 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.

(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 6 penalty charge notice—

(a) in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or

(b) in a case falling within paragraph (5)(b) or (c), for a period of 4 weeks beginning with the appropriate date.

(7) In this regulation—

(a) “the appropriate date” means—

(i) in a case falling within paragraph (5)(a), the date referred to in paragraph (4);

(ii) in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 15(5)(d); or

(iii) in a case falling within paragraph (4)(c) the date on which the previous regulation 6 penalty charge notice was cancelled; and

(b) “relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of state under the Vehicle Excise and Registration act 1994.

Removal of or interference with a penalty charge notice

7.—(1) A penalty charge notice fixed to a vehicle in accordance with regulation 5(a) shall not be removed or interfered with except by or under the authority of—

(a) the owner or person in charge of the vehicle; or

(b) the enforcement authority.

(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

PART 3 ADJUDICATORS 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(7), 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(8), 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(9)) 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.