Paragraph 3 AppealsI1

England, Wales and Scotland Not yet in force

(1)

If an automated vehicle authorisation is varied, suspended or withdrawn under section 8 (2) or (3), the authorised self-driving entity may appeal to the Tribunal.

(2)

The grounds on which an appeal may be brought are—

(a)

in a case where the Secretary of State acted under section 8 (2) in reliance on section 8 (4)(a), that the failure to meet authorisation requirements did not occur;

(b)

in a case where the Secretary of State acted under section 8 (2) in reliance on section 8 (4)(b), that the commission of a traffic infraction did not occur;

(c)

in a case where the Secretary of State acted under section 8 (2) in reliance on section 8 (4)(c), that the Secretary of State’s conclusion was based on a mistaken finding of fact;

(d)

that the decision to vary, suspend or withdraw the authorisation was unreasonable;

(e)

that the Secretary of State failed to comply with paragraph 1 or 2, or made some other procedural error, in respect of the variation, suspension or withdrawal.

(3)

If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and—

(a)

direct that the variation, suspension or withdrawal be undone, or

(b)

remit the matter to the Secretary of State with a direction that the Secretary of State consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to undo the variation, suspension or withdrawal.

(4)

Otherwise, the Tribunal must dismiss the appeal.

(5)

Sub-paragraph (6) applies if—

(a)

a direction is made under sub-paragraph (3)(b), and

(b)

by the specified time, the Secretary of State has not undone the variation, suspension or withdrawal.

(6)

The authorised self-driving entity may on application re-open the appeal on any of the original grounds further to which the direction under sub-paragraph (3)(b) was made; and sub-paragraphs (3) and (4) apply again in relation to the grounds on which the appeal is re-opened.

(7)

In this paragraph—

(a)

references to the undoing of a variation, suspension or withdrawal refer—

(i)

in the case of variation, to the reversal of the variation,

(ii)

in the case of suspension, to the lifting of the suspension, or

(iii)

in the case of withdrawal, to the restoration of the withdrawn authorisation;

(b)

references to the authorised self-driving entity include, in the case of a withdrawn authorisation, the person who was the authorised self-driving entity immediately before the withdrawal;

(c)

“the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (8).

(8)

Tribunal Procedure Rules may provide for an appeal under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.

Annotations

Commencement

I1: Sch. 1 para. 3 not in force at Royal Assent, see s. 99(1)