The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Removed Vehicles (Wales) Regulations 2013

Welsh Statutory Instrument 2013 No. 361 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 26 February 2013
In force from: Not determined
Extent: Not stated
Subject: Road traffic and vehicles
Made under: Schedule 7 to the Tribunals Courts and Enforcement Act 2007, Transport by section 101B of the Road Traffic Regulation Act 1984

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

The Regulations provide for the making of representations and appeals against charges for the removal, storage and disposal of a vehicle removed under the Road Traffic Regulation Act 1984 from an area which is a civil enforcement area in accordance with Part 6 of the Traffic Management Act 2004. These Regulations revoke and replace the Civil Enforcement of Parking Contraventions (Representations and Appeals) Removed Vehicles (Wales) Regulations 2008 (S.I. 2008/615). These Regulations are to be read in conjunction with the Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 (S.I. 2013/362) and the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (S.I. 2013/359). Regulation 3 allows a person whose vehicle has been removed from a civil enforcement area under section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, abandoned or broken down) to make representations to the enforcement authority and to appeal to an adjudicator where such representations are rejected. Regulation 4 sets out the duties of the enforcement authority to which representations are made and regulation 5 provides for an appeal to be made to an adjudicator where representations are rejected under regulation 4. Regulation 6 applies the Schedule to the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 to procedure and the service of documents in adjudicator proceedings under these Regulations. Regulation 7 deals with the revocation of the Civil Enforcement of Parking Contraventions (Representations and Appeals) Removed Vehicles (Wales) Regulations 2008, which these Regulations replace. A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Public Transport Division, Transport, Local Government and Communities, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Offences created by this instrument

Contravention of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Removed Vehicles… the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 Lords · Grand Committee · 29 January 2013 · Baroness Randerson
It is not my intention to do so. As I will make clear later when responding to the questions and comments of noble Lords, it is very difficult to know the extent to which this will spread throughout Wales, because it will be a devolved issue and not one for your Lordships’ House. I will return to what I was saying in introducing the regulations. Persons who have received penalties can make representations to the relevant enforcement authority against the imposition of the penalties in particular cases and can appeal to an independent adjudicator if their representations are rejected by the…
Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 Lords · Grand Committee · 29 January 2013 · Baroness Randerson
My Lords, I thank all noble Lords for their contributions. I will preface my remarks and my attempts to answer all the questions—of which there were many—with a key point that I must stress. It is important to recognise that under the Traffic Management Act, the decision to expand the civil enforcement regime in Wales falls within the executive competence of Welsh Ministers. They have concluded that they should now make use of their powers under the Act in relation to bus lane and some moving traffic offences. That decision having been made by Welsh Ministers, these regulations are necessary…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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