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After section 27A (seizure of perishable items) of the Act of 1999, inserted by section 57 (seizure of perishable items) of this Act, the following section is inserted—
| (1) | Subsection (4) below applies where the following conditions are met. |
| (2) | The first condition is that where, in ascertaining the identity of the person from whom a vehicle was seized under subsection (5) or (6) of section 27 (unlicensed street trading) of this Act, the council has, before the expiry of 14 days from the date of the seizure, made a request to the Secretary of State for the supply of relevant particulars. |
| (3) | The second condition is that those particulars have not been supplied to the council before the date after which the council would, but for this section, have to return the vehicle in accordance with subsection (8)(f) of that section. |
| (4) | Where this subsection applies, the council must return the vehicle to its owner if— |
| (a) | no proceedings are instituted in respect of the alleged offence in respect of which the vehicle was seized before the expiry of the period of 14 days beginning with the date on which the relevant particulars are supplied; or |
| (b) | any such proceedings instituted within that period are discontinued, |
at the expiry of that period or on the discontinuance of the proceedings, as the case may be.
| (5) | If the council seeks to return a vehicle in accordance with the said subsection (5) or subsection (6), but the person to whom the council seeks to return the vehicle cannot be found or disclaims or refuses to accept the vehicle, the council may make a complaint for a disposal order in respect of the vehicle under section 27C (disposal orders) of this Act. |
| (6) | In this section, "relevant particulars" are particulars relating to the identity of the owner of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994 (c. 22). |
| (7) | The owner of a vehicle for the purposes of this section shall be taken to be the person by whom the vehicle is kept. |
| (8) | In determining who was the owner of a motor vehicle at any time, it shall be presumed that the owner is the person in whose name the vehicle is at that time registered under the Vehicle Excise and Registration Act 1994.". |
| (1) | After section 27B (motor vehicles) of the Act of 1999 (inserted by section 58 (motor vehicles) of this Act) the following section is inserted— |
| (1) | This section applies in respect of a complaint made by a borough council for a disposal order in respect of— |
| (a) | an article or thing under subsection (8)(h) of section 27 (unlicensed street trading) of this Act; or |
| (b) | a motor vehicle under subsection (5) of section 27B (motor vehicles) of this Act, |
and such articles, things and motor vehicles are together referred to as "seized items" in this section.
| (2) | On a complaint to which this section applies, a magistrates' court if satisfied that the council has made reasonable efforts to identify the person from whom the seized item was seized or its owner, as the case may be, or has made reasonable efforts to return the seized item, may make an order authorising the complainant council— |
| (a) | to dispose of the seized item in question; and |
| (b) | after payment out of any proceeds arising from the disposal of the expenses incurred in the seizure, storage and disposal, to apply the balance, if any, towards the costs of the council as mentioned in paragraphs (a) to (d) of subsection (2) of section 22 (fees and charges) of this Act. |
| (3) | The court shall not make a disposal order under subsection (2) above where a person claiming to be the owner of or otherwise interested in the article, thing, receptacle or equipment applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made. |
| (4) | Subsection (5) below applies where— |
| (a) | a person appears before the court under subsection (3) above to show why the order should not be made; and |
| (b) | the court makes an order under subsection (2) above authorising the council to dispose of the item; and |
| (c) | the seized item in question is not of sufficient value to defray the expenses of seizing and storing it; and |
| (d) | the court is satisfied that the person mentioned in paragraph (a) above was the owner of the seized item in question or was the person from whom it was seized, as the case may be. |
| (5) | Where this section applies, the court may order that the person mentioned in subsection (4)(a) above pay the expenses, or the balance of the expenses, reasonably incurred by the council in seizing and storing the seized item in question. |
| (6) | In considering whether to make an order under subsection (2) above a court shall have regard— |
| (a) | to the value of the seized item; |
| (b) | to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making); and |
| (c) | any other circumstances considered to be relevant. |
| (7) | The court may make a disposal order under this section notwithstanding that the value of the seized item would exceed the maximum penalty for the offence in respect of which the seized item had originally been seized had the said offence been prosecuted to conviction. |
| (8) | For the purposes of this section, "owner" in respect of a vehicle, has the same meaning as it has for the purposes of the said section 27B.". |
Part 4
Penalty Charges and Fixed Penalties
Introductory
| (1) | In this Part of this Act, a "joint committee" means any joint committee established under section 101(5) of the Local Government Act 1972 (c. 70) and comprising at least one member from each borough council. |
| (2) | The functions conferred on the borough councils by subsections (1) and (5) of section 66 (levels of penalty charges) of this Act shall be discharged by a joint committee. |
Penalty Charges
| (1) | This section applies where a borough council have reason to believe that a penalty charge is payable to them by virtue of a penalty charge provision. |
| (2) | The borough council may serve a penalty charge notice on the person appearing to them to be the appropriate recipient. |
| (3) | A penalty charge notice under this section must— |
| (i) | the grounds on which the council believe that the penalty charge is payable; |
| (ii) | the amount of the penalty charge which is payable; |
| (iii) | that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; |
| (iv) | that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; |
| (v) | that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable; |
| (vi) | the amount of the increased charge; |
| (vii) | the address to which payment of the penalty charge must be sent; and |
| (viii) | that the person on whom the notice is served may be entitled toð ñmake representations under subsection (1) of section 62 (representations and appeals) of this Act; and |
| (b) | specify the form in which any such representations are to be made. |
| (4) | The Secretary of State may by regulations prescribe— |
| (a) | additional matters which must be dealt with in any penalty charge notice; and |
| (b) | the time within which a penalty charge notice must be served. |
| (5) | In subsection (3)(a)(iv) above, "specified proportion" means such proportion, applicable in all cases, as may be determined for the purposes of this section by the borough councils acting through a joint committee. |
| (6) | Schedule 4 to this Act shall have effect with respect to financial provisions relating to the provisions of this section. |
"appropriate recipient" means the appropriate recipient for the purposes of this section designated as such by the relevant penalty charge provision;
"penalty charge provision" means any enactment which is by the enactment itself or by another enactment designated as a penalty charge provision for the purposes of this section.
| (8) | In determining, for the purposes of any provision of this Part of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the council. |
| 62 | Representations and appeals |
| (1) | Where it appears to a person on whom a penalty charge notice has been served under section 61 (penalty charges) of this Act that one or other of the grounds mentioned in the penalty charge provision is satisfied, he may make representations to that effect to the borough council. |
| (2) | The Lord Chancellor may make provision by regulations relating to such representations to the borough council and to an appeal to an adjudicator if his representations are not accepted. |
| (3) | The regulations may make such provision in connection with the rights to make representations or to appeal as appears to the Lord Chancellor to be appropriate, and may in particular make provision— |
| (a) | requiring the council to give a person notice of the rights; |
| (b) | as to the time within which representations may be made; |
| (c) | requiring supporting evidence in such circumstances as may be specified; |
| (d) | as to the duties of the council when representations are received; |
| (e) | as to the circumstances in which there is a right of appeal to an adjudicator; |
| (f) | generally as to the making, determination and effect of, and procedure in connection with, appeals; and |
| (g) | enabling an adjudicator to review any decision made on, or in the course of, an appeal. |
| (4) | The regulations may provide that, as respects a ground on which representations may be made, the adjudicator's function on an appeal is to decide whether to direct the council to consider or re-consider (as the case may be) any representations relating to that ground. |
| (5) | The regulations may include provision— |
| (a) | authorising an adjudicator to require a person— |
| (i) | to attend to give evidence at the hearing of an appeal; and |
| (ii) | to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal; and |
| (b) | making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement. |
| (6) | The regulations may provide that a person who makes a representation that is false in a material particular, and does so recklessly or knowing it to be false, commits an offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale. |
| (7) | The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified. |
| (8) | Subject to subsection (9) below, until such time as regulations are in force under subsection (2) above— |
| (a) | paragraphs 1(2), (3) and (7), 2, 3, and 4 of Schedule 1 to the London Local Authorities and Transport for London Act 2003 (c. iii) shall, with any necessary modifications, apply in relation to representations and appeals under this section; and |
| (b) | any regulations under section 73(11) of the Road Traffic Act 1991 (c. 40) (provision as to procedure to be followed in relation to proceedings before parking adjudicators) in force at the coming into operation of this Part shall, with any necessary modifications, apply in relation to such proceedings before parking adjudicators when exercising the functions of adjudicators under this section. |
| (9) | If the paragraphs and regulations mentioned in paragraphs (a) and (b) of subsection (8) above are repealed or revoked by the Traffic Management Act 2004 (c. 18) or regulations made under it, then until such time as regulations are in force under subsection (2) above, any regulations under section 80 of the Traffic Management Act 2004 (c. 18) shall, with any necessary modifications, apply in relation to representations, appeals and adjudicators as if made under the corresponding provisions of this section and section 63 (adjudicators) of this Act. |
| (1) | The Lord Chancellor may make provision by regulations for and in connection with the appointment of adjudicators for the purposes of this Part. |
| (2) | The following provisions apply in relation to the office of adjudicator— |
| (a) | to be qualified for appointment as an adjudicator, a person must have a 5-year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)); |
| (b) | an adjudicator is appointed for a term, not exceeding five years, specified in his instrument of appointment; |
| (c) | on the expiry of a term of appointment an adjudicator is eligible for re-appointment; |
| (d) | an adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions, but otherwise holds and vacates office in accordance with the terms of his appointment. |
| (3) | The regulations shall provide— |
| (a) | for adjudicators to be appointed by the borough councils on such terms as those councils may decide; and |
| (b) | for the consent of the Lord Chancellor to be required for any decision by those authorities— |
| (i) | to appoint a person as an adjudicator; |
| (ii) | not to re-appoint a person as an adjudicator; or |
| (iii) | to remove a person from his office as adjudicator. |
| (4) | The borough councils shall— |
| (a) | provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators; and |
| (b) | determine the places where adjudicators are to sit, |
and shall defray all the expenses of the adjudication process and, in particular, expenses in relation to the remuneration of adjudicators.
| (5) | The regulations shall provide— |
| (a) | for each adjudicator to make an annual report to the councils in accordance with such requirements as may be imposed by the councils; and |
| (b) | for the councils to make and publish an annual report to the Secretary of State on the discharge by the adjudicators of their functions. |
| (6) | The regulations shall provide for the functions of the borough councils under this section to be discharged by a joint committee. |
| (7) | The expenses of the councils under this section shall be defrayed by them in such proportions— |
| (a) | as they may decide; or |
| (b) | in default of a decision by them, as may be determined in accordance with regulations made by the Secretary of State. |
| (8) | Regulations under subsection (8)(b) above may, in particular, provide— |
| (a) | for the matter to be determined by an arbitrator appointed by a body specified in the regulations; and |
| (b) | for the giving of directions by the Secretary of State in order to secure that the matter is referred to arbitration. |
| (9) | Until regulations are made under this section for and in connection with the appointment of adjudicators for the purposes of this Part, functions of adjudicators under this Part shall be discharged by— |
| (a) | the persons who are appointed as parking adjudicators under section 73 of the Road Traffic Act 1991 (until that section is repealed by section 98 of the Traffic Management Act 2004); or |
| (b) | the persons appointed under regulations made under section 81 of the said Act (adjudicators) as adjudicators for the purposes of Part 6 of that Act (after the said section 73 is repealed). |
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