Traffic Penalty Tribunal
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Traffic Penalty Tribunal
The Traffic Penalty Tribunal is a tribunal in the United Kingdom which manages appeals against penalty charge notices or PCNs, a form of civil penalty, for areas in England outside of London. It was created by statute to fulfil provisions of the Traffic Management Act 2004, it is partly responsible to the PATROL joint committee, a collection of local authorities responsible for enforcing PCNs who make use of the traffic penalty tribunals adjudication process. Decisions of the Traffic Penalty Tribunal can be challenged by judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat .... The appeal process is governed by the ''Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007'' and ''The Civil Enforcement of Parking Contraventions (En ...
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Tribunals In The United Kingdom
The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs). Tribunals operate formal processes to adjudicate disputes in a similar way to courts of law, but have different rules and procedures; and operate only in a specialised area. In theory, their procedures may be better suited for particular types of disputes, cheaper to administer and require less-qualified officials. In the case of appeals, however, disputes will enter the conventional court system, possibly reaching the Court of Appeal and UK Supreme Court, so the judiciary still have oversight over the tribunals. Parties are sometimes represented by lawyers at tribunals. Examples of tribunals include employment tribunals, Office of Fair Trading adjudicators, the Gender Recognition Panel, the Planning Inspectorate and the Company Names Tribunal. Though it has grown up on an ''ad hoc'' basis since the beginning of the ...
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Penalty Charge Notice
In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used. In recent years, this has taken the form of using them to give police and public authorities in England, Scotland and Wales a realistic weapon against anti-social behaviour. They are designed to reduce paperwork on police and council officers by allowing low-level anti-social behaviour to be dealt with on the spot. Newer types of notice exist for disorder, environmental crime, truancy and noise. A fixed penalty notice is not a fine or criminal conviction because of the distinction that the recipient can opt for the matter to be ...
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Civil Penalty
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry jail time or other legal penalties. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary. Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalt ...
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Secondary Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or judi ...
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Traffic Management Act 2004
The Traffic Management Act 2004 (c 18) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema .... It sets out how road networks should be managed by local authorities and includes regulations for roadworks. The Act has been implemented from 1 April 2008 across the United Kingdom. Part 2 - Network Management This section sets out the network management duty to "secure the expeditious movement of traffic". Part 4 - Street Works All the parties interested in occupying streets/highways need to follow the specified guidelines. The main highlights are as follows: *Effective communication between highway authorities and parties interested in carrying out street work *Powers given to highway authorities to impose fixed charges in case of any f ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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