SCHEDULE 1Consequential provisions – primary legislation
Public Passenger Vehicles Act 1981
1
The Public Passenger Vehicles Act 198118 is amended as follows.
2
In section 50 (appeals to the Transport Tribunal)—
a
in subsections (1) and (3) to (6), and in the heading, for “Transport Tribunal” substitute “Upper Tribunal”; and
b
in subsection (8)—
i
for “to the Transport Tribunal” substitute “to the Upper Tribunal”; and
ii
omit “and the Transport Tribunal shall give their decision on the application within fourteen days”.
3
In section 54(8)(c) (inquiries held by traffic commissioners) for “Transport Tribunal” substitute “Upper Tribunal”.
4
In paragraph 12 of Schedule 2A (appeal to Transport Tribunal from traffic commissioner)—
a
in sub-paragraph (1), and in the heading, for “Transport Tribunal” substitute “Upper Tribunal”; and
b
omit sub-paragraph (2).
Transport Act 1985
5
The Transport Act 198519 is amended as follows.
6
In section 6A (applications for registration etc where restrictions are in force)—
a
in subsection (9)—
i
for “Transport Tribunal” substitute “Upper Tribunal”; and
ii
omit “As respects appeals to the Transport Tribunal, see Schedule 4 to this Act.”; and
b
omit subsection (10).
7
In section 9 (appeals against traffic regulation conditions)—
a
in subsection (1) for “ the Transport Tribunal” substitute “the Upper Tribunal”;
b
omit subsection (5); and
c
in subsection (6) for “The persons who may appeal against any such decision of the Transport Tribunal are” substitute “For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc. against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case”.
8
In section 117(2) (reconstitution of the Transport Tribunal) at the end insert “; and that Schedule also makes provision in relation to appeals to the First-tier Tribunal or the Upper Tribunal under enactments relating to transport (see paragraphs 17 and 18)”.
9
In Schedule 4 (constitution, powers and proceedings of the Transport Tribunal)—
a
in paragraph 1 after “Tribunal” insert “(referred to in this Schedule as “the tribunal”)”;
b
in paragraph 8(1) omit “Subject to paragraph 9(2) below,”;
c
omit paragraph 9; and
d
after paragraph 16 insert—
Powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals
17
1
The First-tier Tribunal and the Upper Tribunal are to have full jurisdiction to hear and determine all matters (whether of law or of fact) for the purpose of the exercise of any of their functions under an enactment relating to transport.
In the case of the Upper Tribunal, this is subject to sub-paragraph (3).
2
On an appeal from any determination of a traffic commissioner other than an excluded determination, the Upper Tribunal is to have power—
a
to make such order as it thinks fit; or
b
to remit the matter to the traffic commissioner for rehearing and determination by the commissioner in any case where the tribunal considers it appropriate;
and any such order is binding on the commissioner.
3
The Upper Tribunal may not on any such appeal take into consideration any circumstances which did not exist at the time of the determination which is the subject of the appeal.
18
Paragraph 12 applies in relation to the First-tier Tribunal and the Upper Tribunal for the purpose of the exercise of any of their functions under an enactment relating to transport.
Road Traffic Act 1988
10
The Road Traffic Act 198822 is amended as follows.
11
In section 131 (appeals)—
a
in subsections (1) and (2) for the words from “by notice in writing” to the end substitute “appeal to the First-tier Tribunal.”;
b
in subsection (3)—
i
for “Transport Tribunal” substitute “First-tier Tribunal”; and
ii
for “they think” substitute “it thinks”;
c
in subsection (4A)—
i
for “Tribunal consider” substitute “First-tier Tribunal considers”; and
ii
for “they” substitute “it”;
d
in subsection (4B) for the words from “by notice in writing” to the end substitute “appeal to the First-tier Tribunal.”;
e
in subsection (4C)—
i
for “Transport Tribunal” substitute “First-tier Tribunal”; and
ii
omit “within the period of fourteen days beginning with the day on which notice of the decision is given”;
f
in subsection (4D)—
i
for “Transport Tribunal”, in both places, substitute “First-tier Tribunal”; and
ii
omit “by notice in writing”;
g
in subsection (4E)—
i
for “Transport Tribunal” substitute “First-tier Tribunal”; and
ii
omit “, within the period of fourteen days beginning with the day on which it is made”;
h
in subsection (4F)—
i
for “Transport Tribunal” substitute “First-tier Tribunal”; and
ii
for “they consider” substitute “it considers”; and
i
omit subsection (4G).
12
In section 133ZA(5)(b) (training) for “Transport Tribunal” substitute “First-tier Tribunal”.
13
In section 162A(3)(e) (approved test assistants) for “Transport Tribunal” substitute “First-tier Tribunal”.
Road Traffic Offenders Act 1988
14
The Road Traffic Offenders Act 198823 is amended as follows.
15
In section 30C(5)(f) (approval of courses) for “Transport Tribunal” substitute “First-tier Tribunal”.
16
In section 34BA(5)(f) (approval of courses) for “Transport Tribunal” substitute “First-tier Tribunal”.
17
In section 34F(5)(f) (approval of programmes) for “Transport Tribunal” substitute “First-tier Tribunal”.
Goods Vehicles (Licensing of Operators) Act 1995
18
The Goods Vehicles (Licensing of Operators) Act 199524 is amended as follows.
19
In section 24(5) and (9)(a) (interim operators’ licences) for “Transport Tribunal” substitute “Upper Tribunal”.
20
In section 29 (revocation and disqualification etc)—
a
in subsection (2) for “Transport Tribunal” substitute “Upper Tribunal”;
b
in subsection (3) for “Tribunal” substitute “Upper Tribunal”; and
c
omit subsection (4).
21
In section 35(4)(c) (power of traffic commissioners to hold inquiries) for “Transport Tribunal” substitute “Upper Tribunal”.
22
In section 37 (right of appeal in connection with operators’ licences)—
a
in subsection (1) for “Transport Tribunal” substitute “Upper Tribunal”; and
b
in subsections (2) to (6) for “Tribunal” substitute “Upper Tribunal”.
23
In paragraph 11 of Schedule 1A (detention of vehicles used without operator’s licence)—
a
in sub-paragraph (1) for “Transport Tribunal” substitute “Upper Tribunal”; and
b
omit sub-paragraph (2).
Greater London Authority Act 199924
In section 189 of the Greater London Authority Act 199925 (appeals)—
a
in subsections (2) and (4) after “make an appeal” insert “to the First-tier Tribunal”;
b
omit subsections (5) to (10) and (12); and
c
in subsection (11)—
i
for “An appeal panel which has heard an appeal against a decision” substitute “On an appeal under this section the First-tier Tribunal”; and
ii
for “to the appeal panel” substitute “to the tribunal”.
Postal Services Act 200025
In section 94(3)(b) of the Postal Services Act 200026 (power to require carriage of mail-bags by ship or aircraft) for “Transport Tribunal” substitute “First-tier Tribunal”.
Transport Act 200026
In section 155(6) of the Transport Act 200027 (appeals to Transport Tribunal) for “Transport Tribunal” substitute “Upper Tribunal”.
Local Transport Act 200827
In section 75(6) of the Local Transport Act 200828 (power to require display of certain information)—
a
for “Transport Tribunal” substitute “Upper Tribunal”; and
b
omit “As respects appeals to the Transport Tribunal, see Schedule 4 to the TA 1985.”.