The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Adjudicators E+W

18.—(1) A person who at any time holds office as an adjudicator for the purposes of Part 6 of the Traffic Management Act 2004(1) by virtue of an appointment under [F1 regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022] also holds office at that time (and on the same terms) as an adjudicator for the purposes of these Regulations.

(2) The litter authorities must—

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

(b) determine the places where adjudicators are to sit,

(c) appoint a member of the administrative staff to fulfil the functions of the proper officer (for the purposes of the Schedule to the RUCS Regulations 2013 as it applies by virtue of regulation 19),

(d) fix the date by which each adjudicator is to make the report mentioned in paragraph (5), and

(e) make and publish an annual report to the Secretary of State on the discharge by adjudicators of their functions under these Regulations.

(3) The functions in paragraph (2) must be discharged by the joint committee or joint committees responsible for discharging functions relating to parking contraventions in accordance with [F2 regulation 19(1) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022].

(4) The litter authorities must pay the expenses associated with the adjudication process (including the expenses of the joint committee or joint committees and the remuneration of adjudicators)—

(a) in such proportions as they may decide, or

(b) in default of any decision, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of any litter authority.

(5) Each adjudicator must prepare a report of the performance of the adjudicator’s functions under these Regulations in each financial year.

(6) The report relating to a financial year must be given to the joint committee or joint committees as soon as practicable after the end of the financial year.

(7) For the purposes of paragraphs (5) and (6), each of the following is a “financial year”—

(a) the period beginning with 1st April 2018 and ending with 5th April 2019, and

(b) each successive period of 12 months.

Textual Amendments

F1 Words in reg. 18(1) substituted (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71), reg. 1(2), Sch. 4 para. 7(2)

F2 Words in reg. 18(3) substituted (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71), reg. 1(2), Sch. 4 para. 7(3)

Commencement Information

I1 Reg. 18 in force at 1.4.2018, see reg. 1(2)

(1)

2004 c.18.