The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Amendment of the Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015 E+W

4.—(1) The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015(1) are amended as follows.

(2) In regulation 4, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022”.

(3) In the Schedule—

(a) in the heading, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022;

(b) for paragraph 3 substitute—

“Regulations 8 to 14

3.   Omit regulations 8 to 14.”;

(c) omit paragraphs 4 and 5;

(d) after paragraph 5, insert—

“Regulation 16

5A.   For regulation 16 substitute—

“Recovery of sums payable

16.   Any amount which is payable under an adjudicator’s decision is, if a county court so orders, recoverable by the person to whom the amount is payable as if it were payable under a county court order.”.

Regulation 17

5B.   In regulation 17, in paragraph (1), after “proper officer” insert “(within the meaning of paragraph 1(1) of Schedule 1)”.

Regulation 18

5C.   In regulation 18(1)—

(a) omit “Part 2, 3 or 4, or”;

(b) after “appeal”, insert “under regulation 7(1)”.”;

(e) in paragraph 6—

(i) for the heading substitute—

“Schedule 1”;

(ii) in sub-paragraph (1), for “The Schedule” substitute “Schedule 1”.

(iii) for sub-paragraph (2) substitute—

“(2) In paragraph 1(1), at the appropriate places insert the following definitions—

““appeal” means an appeal under regulation 7(1);”;

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

““proper officer” means a member of the administrative staff provided under section 81(4)(a) of the Traffic Management Act 2004 who has been appointed to perform the functions of the proper officer under these Regulations;”;

““register” means the register required to be kept under regulation 17;”.”;

(iv) in sub-paragraph (3), for “regulation 4(1), 8(4) or 11(4)” substitute “regulation 5(1), 8(5) or 11(3)”;

(v) after sub-paragraph (3), insert—

“(3A) In paragraph 2(2), for paragraph (b) substitute—

“(b) the name and address of the appellant;”.”;

(vi) for sub-paragraph (4) substitute—

“(4) In paragraph 2(4), omit “, 10(2)(a) or 13(2)(a) (as the case may be)”.”;

(vii) after sub-paragraph (5), insert—

“(5A) Omit paragraph 2(8).”;

(viii) in sub-paragraph (6), for “regulation 4(2)(b), 8(4) or 11(4)” substitute “regulation 5(2)(b), 8(5) or 11(3)”;

(ix) omit sub-paragraph (7).

Commencement Information

I1 Sch. 2 para. 4 in force at 31.5.2022, see reg. 1(2)

(1)

S.I. 2015/969.