The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005

PART 4 BUS LANE ADJUDICATORS

Appointment of, and provision of facilities for, bus lane adjudicators

11.—(1) Those approved local authorities which have resolved to impose penalty charges under regulation 3(1) shall—

(a) with the consent of the Lord Chancellor, appoint at least one person to act as a bus lane adjudicator for the purposes of these Regulations;

(b) provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators;

(c) appoint a person to fulfil the functions of the proper officer under these Regulations and one or more persons to act as his deputy when the proper officer is unable to act; and

(d) determine the places at which adjudicators are to sit.

(2) The Schedule to these Regulations, which makes provision relating to the appointment of bus lane adjudicators, shall have effect.

Discharge of functions under regulation 11

12.—(1) Where two or more approved local authorities (“the participating authorities”) have resolved to impose penalty charges pursuant to regulation 3(1), the functions conferred on them by regulation 11 shall be discharged through a joint committee (“the joint committee”) set up in pursuance of arrangements entered into under section 101(5) of the Local Government Act 1972(1).

(2) All the participating authorities must be constituent authorities of the joint committee.

(3) The expenses of the joint committee incurred in the discharge of functions conferred on the participating authorities by this regulation shall be defrayed by them in such proportions as they may decide or, in default of a decision by them, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of the joint committee.

(4) The costs of any reference to arbitration under paragraph (3) shall be borne by the participating authorities in equal shares.

(5) Where the Secretary of State is satisfied that there has been, or is likely to be, a failure on the part of the participating authorities to agree on the proportions in which the expenses of the joint committee are to be defrayed by them under paragraph (3), he may give the joint committee such directions as he considers appropriate in order to require it to refer the matter to arbitration under that paragraph.

(6) In accordance with such requirements as may be imposed by the joint committee, each bus lane adjudicator shall make an annual report to the joint committee on the discharge of his functions.

(7) The joint committee shall make and publish an annual report in writing to the Secretary of State on the discharge by the bus lane adjudicators of their functions.

(1)

1972 c. 70.