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The Control of Off-Street Parking in Greater London (Appeals Procedure) Regulations 1986

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

EXPLANATORY NOTE

These Regulations prescribe the procedure for appeals to the Secretary of State against decisions of local authorities in Greater London in connection with licences for the operation of public off-street parking places in those areas where such operation is controlled under the provisions of section 43 of, and Schedule 4 to, the Road Traffic Regulation Act 1984.

The requirements with respect to the notice of appeal and supporting documents are set out in regulation 4 and Schedules 1 and 2. Regulations 5 and 6 provide for written representations, and for requests for a hearing of the appeal by a person appointed by the Secretary of State, and regulation 7 deals with the case where an appeal is decided on written representations. Regulation 8 lays down the procedure to be followed in cases where, by virtue of paragraph 15 of Schedule 4 to the 1984 Act, the Secretary of State is entitled to refuse to entertain the appeal.

The provisions with respect to hearings of appeals are contained in regulation 9 (notification), regulation 10 (statements to be served), regulation 11 (appearances), regulation 12 (procedure at the hearing), regulation 13 (site inspections) and regulation 14 (procedure after the hearing).

Regulation 15 provides for the notification of the decision consequent on a hearing of an appeal and for the giving of reasons for the decision.

Regulation 17 adapts the provisions of the Regulations for the cases where, in exercise of his power under paragraph 16(2) of Schedule 4 to the 1984 Act, the Secretary of State decides to hold an inquiry in connection with an appeal, instead of a hearing by a person appointed by him. The regulation also makes provision for requiring public notice of the inquiry to be given.

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