The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

Appointment etc of adjudicators

16.—(1) The relevant enforcement authorities(1) must appoint such number of adjudicators for the purposes of Part 6 of the TMA 2004 on such terms as they may decide.

(2) A decision by those authorities to appoint a person as an adjudicator does not have effect without the consent of the Lord Chancellor.

(3) A decision of the authorities—

(a) not to re-appoint a person as an adjudicator, or

(b) to remove a person from office as an adjudicator,

does not have effect without the consent of the Lord Chancellor and of the Lord Chief Justice.

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005(2)) to exercise the Lord Chief Justice’s functions under paragraph (3).

(5) An adjudicator who—

(a) was appointed under regulation 11 of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005(3) or regulation 17 of the 2007 General Regulations, and

(b) held office immediately before the commencement date,

is to be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.

(6) Each adjudicator must make an annual report to the relevant enforcement authorities which appointed the adjudicator in accordance with such requirements as may be imposed by those authorities.

(7) The relevant enforcement authorities must make and publish an annual report to the Secretary of State on the discharge by the adjudicators of their functions.

(8) In this regulation “relevant parking contravention” means—

(a) a parking contravention within paragraph 2 of Schedule 7 to the TMA 2004 (parking contraventions relating to parking places in Greater London) in Greater London,

(b) a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London, or

(c) an OGL parking contravention.

(1)

“Relevant enforcement authorities” is defined in section 81 of the TMA 2004.

(2)

2005 c. 4.

(3)

S.I. 2005/2757.