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The Traffic Management (Northern Ireland) Order 2005
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Appeal to an adjudicatorN.I.
This section has no associated Explanatory Memorandum
28.—(1) Where the [F1enforcement authority] serves a notice of rejection, the person making representations under Article 25 may appeal to an adjudicator against the enforcement authority [F2enforcement authority's] decision before the end of the period of 28 days from the date of that notice or such longer period as an adjudicator may allow.
(2) On an appeal under this Article, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in Article 25(4).
(3) If the adjudicator concludes—
(a)that any ground has been established; and
(b)that the [F1enforcement authority] would have been under the duty imposed by Article 26(1) to refund any sum if it had served notice that it accepted that the ground in question had been established,
he shall serve notice of his decision on the appellant and the [F1enforcement authority] and shall direct the [F1enforcement authority] to make the necessary refund.
(4) The [F1enforcement authority] shall comply with any directions under paragraph (3) forthwith.
F1Words in arts. 5-28 (except arts. 8(3)(4), 18(6), 21(8), 24(1)) substituted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 8
F2Words in art. 28(1) substituted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 11
Modifications etc. (not altering text)
C1Arts. 3-28: transfer of functions (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), arts. 1(3)(8) (with art. 1(5))
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