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.”.
SCHEDULE 2Consequential provisions – secondary legislation
Department of Transport (Fees) Order 19881
In paragraph 1 of Schedule 2 to the Department of Transport (Fees) Order 198829 omit “the Transport Tribunal,”.
Goods Vehicles (Community Authorisations) Regulations 19922
In regulation 6(b)(i) of the Goods Vehicles (Community Authorisations) Regulations 199230 (rights of appeal) for “Transport Tribunal” substitute “Upper Tribunal”.
Public Service Vehicles (Community Licences) Regulations 1999
3
The Public Service Vehicles (Community Licences) Regulations 199931 are amended as follows.
4
In regulation 2(2) (interpretation) omit the definition for “Transport Tribunal”.
5
In regulation 6 (rights of appeal) for “Transport Tribunal” substitute “Upper Tribunal”.
Road Transport (Passenger Vehicles Cabotage) Regulations 19996
In regulation 6(2) of the Road Transport (Passenger Vehicles Cabotage) Regulations 199932 (appeals) for “Transport Tribunal” substitute “Upper Tribunal”.
Goods Vehicles (Enforcement Powers) Regulations 2001
7
The Goods Vehicles (Enforcement Powers) Regulations 200133 are amended as follows.
8
In regulation 13 (appeals from a determination of a traffic commissioner to the Transport Tribunal)—
a
in the heading and paragraph (1) for “Transport Tribunal” substitute “Upper Tribunal”; and
b
omit paragraph (2).
9
In regulation 14 (return of a vehicle detained) for “Transport Tribunal”, in each place, substitute “Upper Tribunal”.
10
In regulation 15(1)(b) (disposal of vehicles) for “Transport Tribunal” substitute “Upper Tribunal”.
Vehicle Drivers (Certificates of Professional Competence) Regulations 200711
In regulation 6A of the Vehicle Drivers (Certificates of Professional Competence) Regulations 200734 (appeals)—
a
in paragraph (1) for “by notice in writing” to the end substitute “appeal to the First-tier Tribunal”.; and
b
in paragraph (2)—
i
for “Transport Tribunal” substitute “First-tier Tribunal”; and
ii
for “they think” substitute “it thinks”.
European Communities (Recognition of Professional Qualifications) Regulations 200712
In Schedule 5 to the European Communities (Recognition of Professional Qualifications) Regulations 200735 (appeal bodies) for “Transport Tribunal” substitute “First-tier Tribunal”.
Department for Transport (Fees) Order 200913
For paragraph 10 of Schedule 1 to the Department for Transport (Fees) Order 200936 substitute—
10
The functions of the Secretary of State or the traffic commissioners, in providing assistance and support generally to the Transport Tribunal, the First-tier Tribunal or the Upper Tribunal and in providing assistance and support in relation to any appeal before the Transport Tribunal, the First-tier Tribunal or the Upper Tribunal.
SCHEDULE 3Repeals and Revocations
Column 1 Instrument repealed/revoked | Column 2 Reference | Column 3 Extent of revocation |
|---|---|---|
The Transport Act 2000 | Sections 258(2) and (3) and 267(3) to (6). | |
The Local Transport Act 2008 | Sections 51(2) and (5)(a) and 76. | |
The London Service Permits (Appeals) Regulations 2002 | The whole of the Regulations. |
SCHEDULE 4Transitional and saving provisions
Transitional and saving provisions
1
1
Any proceedings before the Transport Tribunal in relation to the Road Traffic Act 198837, the Road Traffic Offenders Act 198838, the Postal Services Act 200039, the Vehicle Drivers (Certificates of Professional Competence) Regulations 200740 or the European Communities (Recognition of Professional Qualifications) Regulations 200741 pending immediately before 1st September 2009 shall continue on and after 1st September 2009 as proceedings before the First-tier Tribunal.
2
Any proceedings before a panel of persons appointed by the Lord Chancellor under section 189(6) of the Greater London Authority Act 199942 (“appeal panel”) pending immediately before 1st September 2009 shall continue on and after 1st September 2009 as proceedings before the First-tier Tribunal.
3
Any proceedings before the Transport Tribunal in relation to the Public Passenger Vehicles Act 198143, the Transport Act 198544, the Goods Vehicles (Licensing of Operators) Act 199545, section 155 of the Transport Act 200046, the Local Transport Act 200847, the Goods Vehicles (Community Authorisations) Regulations 199248, the Public Service Vehicles (Community Licences) Regulations 199949, the Road Transport (Passenger Vehicles Cabotage) Regulations 199950 and the Goods Vehicles (Enforcement Powers) Regulations 200151 which are pending immediately before 1st September 2009 shall continue on and after 1st September 2009 as proceedings before the Upper Tribunal.
2
1
The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal or Upper Tribunal by virtue of paragraph 1.
2
Where a hearing began before 1st September 2009 but was not completed by that date, the First-tier Tribunal or Upper Tribunal, as the case may be, must be comprised for the continuation of that hearing of the person or persons who began it.
3
The First-tier Tribunal, or Upper Tribunal, as the case may be, may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—
a
apply any provision in procedural rules which applied to the proceedings before 1st September 2009; or
b
disapply provisions of Tribunal Procedure Rules.
4
In sub-paragraph (3) “procedural rules” means provision (whether called rules or not) regulating practice or procedure before a tribunal.
5
Any direction or order given or made in proceedings which is in force immediately before 1st September 2009 remains in force on and after that date as if it were a direction or order of the First-tier Tribunal or Upper Tribunal, as the case may be.
6
A time period which has started to run before 1st September 2009 and which has not expired shall continue to apply.
7
An order for costs may only be made if, and to the extent that, an order could have been made before 1st September 2009.
3
In respect of proceedings referred to in paragraph 1(1) where an appeal lies to a court from any decision made by the Transport Tribunal before 1st September 2009, the right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st September 2009, section 11 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal to Upper Tribunal) shall apply as if the decision were a decision made on or after 1st September 2009 by the First-tier Tribunal, and any reference to the Transport Tribunal in enactments relating to such an appeal, express or otherwise, is to be taken as a reference to the First-tier Tribunal.
4
In respect of proceedings referred to in paragraph 1(3) where an appeal lies to a court from any decision made by the Transport Tribunal before 1st September 2009, the right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st September 2009, section 13 of the Tribunals, Courts and Enforcement Act 200752 (right to appeal to the Court of Appeal etc) shall apply as if the decision were a decision made on or after 1st September 2009 by the Upper Tribunal, and any reference to the Transport Tribunal in enactments relating to such an appeal, express or otherwise, is to be taken as a reference to the Upper Tribunal.
5
Any case to be remitted by a court on or after 1st September 2009 and which, if it had been remitted before 1st September 2009, would have been remitted to the Transport Tribunal or the appeal panel, shall, in the case of proceedings under paragraph 1(1) or (2) be remitted to the First-tier Tribunal, and in all other cases be remitted to the Upper Tribunal.
6
Staff appointed to the Transport Tribunal before 1st September 2009 are, in addition, to be treated on and after that date, for the purpose of any proceedings referred to in paragraph 1, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services).
7
In respect of proceedings referred to in paragraph 1, a decision made by the Transport Tribunal or the appeal panel before 1st September 2009 is to be treated as a decision of the First-tier Tribunal or the Upper Tribunal, as the case may be, on or after 1st September 2009.