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The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011
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- Scottish Statutory Instruments
- 2011 No. 442
- PART V
- Regulation 22
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22.—(1) The adjudicator must not normally make an order as to expenses, but may, subject to paragraph (2), make such an order—
(a)against a party (including an appellant who has withdrawn an appeal or an authority that has consented to an appeal being allowed) if the adjudicator is of the opinion that the party has acted frivolously or vexatiously or that the party’s conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
(b)against the authority, where the adjudicator considers that the decision appealed against was wholly unreasonable.
(2) An order is not to be made under paragraph (1) against a party unless that party has been given an opportunity to make representations against the making of the order.
(3) An order under paragraph (1) must require the party against whom it is made to pay the other party a specified sum in respect of the expenses incurred by that other party in connection with the proceedings.
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