The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013

Interpretation

2.—(1) In these Regulations—

“adjudicator” means a person appointed to be a road user charging scheme adjudicator in accordance with regulation 12(1) or (2);

“appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

“authorised person” has the meaning given by regulation 21;

“charge certificate” has the meaning given by regulation 17(1);

“custodian” in relation to a motor vehicle removed under regulation 27 means—

(i)

if the motor vehicle has been delivered to the charging authority, that charging authority; or

(ii)

if the motor vehicle has been delivered to a person authorised by the charging authority to keep motor vehicles so removed in their custody, that other person;

“designated road” means a road designated by a charging scheme as a road to which a road user charge applies;

“electronic transmission” means a communication transmitted—

(i)

by means of an electronic communications network; or

(ii)

by other means but while in electronic form;

“fax” means the making of a facsimile copy of a document by the transmission of electronic signals;

“joint committee” means the joint committee set up in accordance with regulation 16 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007(1);

“keeper” (other than in the phrase “registered keeper”) means the person by whom a motor vehicle was kept at the time it was immobilised, removed or disposed of under the powers in Part 6;

“notice of appeal” means a notice initiating an appeal delivered by an appellant to the proper officer under regulation 11(3), 34(2) or 37(2) in each case in accordance with paragraph 2 of the Schedule;

“notice of rejection” means a notice served by a charging authority under regulation 10(1), 33(4) or 36(4) rejecting, or not accepting, representations made to it;

“penalty charge” means a charging scheme penalty charge;

“penalty charge notice” has the meaning given by regulation 7(1);

“procedural impropriety” has the meaning given by regulation 8(4);

“proper officer” means a person appointed under regulation 13(1);

“road user charge” means a charge imposed under a charging scheme which is not a penalty charge;

“witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998(2) and which is supported by a statement of truth in accordance with Part 22 of those Rules.

(2) In determining for the purposes of any provision of these Regulations whether a road user charge or penalty charge has been paid within a particular period, it is to be taken to be paid when it is received by the charging authority.

(1)

S.I. 2007/3483.

(2)

S.I. 1998/3132. Relevant amending instruments for Rule 22.1 are S.I. 2001/1769, 2001/4015 and 2004/3419.