The Tribunal Procedure (Upper Tribunal) Rules 2008

Rule 24(1)

[F1SCHEDULE 1Procedure after the notice of appeal in [F2road transport cases]

1.  This Schedule applies to [F3road transport cases].

2.  The only parties to the appeal are the appellant and any person added as a party under rule 9 [F4(addition, substitution and removal of parties)] .

3.  On receipt of a copy of a notice of appeal under rule 23(6)(b), the [F5decision maker] must send to the Upper Tribunal a copy (and, on request, further copies) of—

(a)a written record of the decision appealed against and reasons for the decision;

(b)all documents produced to the [F5decision maker] in connection with the decision;

(c)if a public inquiry was held, the transcript of the inquiry or, if no such transcript was produced, the [F5decision maker’s] note of the inquiry; and

[F6(d)in an appeal under—

(i)section 50 of the Public Passenger Vehicles Act 1981 or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995, or

(ii)section 35 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010,

a list of the names and addresses of objectors and representors.]

4.  On receipt of a list under paragraph 3(d) the Upper Tribunal must send a copy of the notice of appeal—

(a)where the appellant had applied for, or for the variation of, an operator’s licence, to each person who made an objection to the application;

(b)where the appellant had made an objection to an application for, or (in the case of a goods vehicle operator’s licence) for the variation of, an operator’s licence, to the person who made the application and to every other person who made an objection to the application; F7...

(c)in an appeal under section 37(5) of the Goods Vehicles (Licensing of Operators) Act 1995, F8[F9to] each person who made representations under section 12(4) or 19(2) of that Act against the application for, or for the variation of, the operator’s licence in question.

[F10(d)in an appeal under section 35(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, to each person who made representations under section 11(4) or 18(2) of that Act.]

5.  The appropriate national authority and any person to whom the Upper Tribunal has sent a copy of the notice of appeal under paragraph 4 may apply for a direction under rule 9(2) adding them as a respondent.

6.  An application under paragraph 5 must be sent or delivered to the Upper Tribunal so that it is received within 14 days of the date that the Upper Tribunal sent a copy of the notice of appeal to the person making the application.

7.  If a person F11... makes an application in accordance with paragraphs 5 and 6, the Upper Tribunal must give a direction under rule 9(2) adding that person as a respondent.

F128.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.  The Upper Tribunal must notify each other party of any application under paragraph 5 and the Upper Tribunal’s decision in respect of each such application.

10.  Any party may make a request to the Upper Tribunal for copies of specified documents provided by the [F13decision maker] under paragraph 3.

11.  On receiving a request under paragraph 10 the Upper Tribunal—

(a)must provide the requested copies unless it considers the request unreasonable; and

(b)if it considers the request unreasonable, give details of why it considers the request unreasonable.]