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

Changes over time for: PART 5

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Changes and effects yet to be applied to Part 5:

PART 5E+WMiscellaneous provisions

Proceedings in connection with invalid noticesE+W

14.  Part 4 of Schedule 1 contains provision for, and in connection with, the referral to an adjudicator of a case in which an order of a county court is deemed to have been revoked under regulation 23 of the 2022 General Regulations.

Commencement Information

I1Reg. 14 in force at 31.5.2022, see reg. 1(2)

Procedure of adjudicatorsE+W

15.  An adjudicator may regulate their own procedure, subject to the provisions of Schedule 1.

Commencement Information

I2Reg. 15 in force at 31.5.2022, see reg. 1(2)

Recovery of sums payableE+W

16.—(1) Any amount which is payable under any provision of these Regulations requiring an enforcement authority to refund any sum is, if a county court so orders, to be recoverable by the person to whom the amount is payable as if it were payable under a county court order.

(2) Paragraph (1) does not apply to a penalty charge which remains payable following an appeal under regulation 7.

Commencement Information

I3Reg. 16 in force at 31.5.2022, see reg. 1(2)

The registerE+W

17.—(1) The proper officer must establish and maintain a register for the purpose of recording proceedings conducted under these Regulations.

(2) The register must be kept open for inspection by any person without charge at all reasonable hours at the principal office of the adjudicators.

(3) The register may be kept in electronic form.

(4) If the register is kept in electronic form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the recording of the entry the inspection of which is being sought.

(5) A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in a register is to be evidence of the entry and of the matters contained in it.

Commencement Information

I4Reg. 17 in force at 31.5.2022, see reg. 1(2)

False representationsE+W

18.—(1) A person who—

(a)makes any representation under Part 2 or 3, or any provision of Schedule 1 so far as it relates to an appeal under regulation 7(1) or 10(1), that is false in a material particular, and

(b)does so recklessly or knowing it to be false,

commits an offence.

(2) A person who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

Commencement Information

I5Reg. 18 in force at 31.5.2022, see reg. 1(2)

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