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

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 No. 171

Functions of litter authority following adjudication

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17.—(1) A litter authority must comply with any direction given to it under regulation 16(6) as soon as practicable.

(2) A litter authority which is the subject of a recommendation under regulation 16(7) must reconsider whether to cancel the penalty notice, taking account of any observations made by the adjudicator.

(3) Within the period of 35 days beginning with the day on which the recommendation under regulation 16(7) is made, the authority must inform the appellant and the adjudicator in writing—

(a)whether or not it accepts the adjudicator’s recommendation,

(b)if it does accept the adjudicator’s recommendation, that the penalty notice is cancelled, and

(c)if it does not accept the adjudicator’s recommendation, of the reasons for its decision.

(4) No appeal to an adjudicator lies against the decision of the litter authority under paragraph (3).

(5) If a litter authority fails to comply with paragraph (3), it is deemed to have accepted the adjudicator’s recommendation and to have cancelled the penalty notice.

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