- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 No. 576
19.—(1) This paragraph applies where—
(a)the order of a county court which has been made against a person (a “relevant person”) is deemed to have been revoked following the making of a witness statement in accordance with regulation 23 of the 2022 General Regulations, and
(b)the enforcement authority refers the case to the adjudicator for directions.
(2) The proper officer must enter particulars of the case in the register.
(3) The adjudicator must give directions as to the conduct of the proceedings unless the adjudicator decides that no such directions are necessary.
(4) The adjudicator may, in particular—
(a)if it appears to the adjudicator that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal;
(b)if it appears to the adjudicator that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under paragraph 12 to review that decision.
(5) Where the adjudicator gives a direction under sub-paragraph (4)(a), Parts 1 to 3 of this Schedule (except paragraphs 2 and 3) apply as if an appeal had been duly made by the relevant person.
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