Article 2 Application and interpretation

These Rules apply to appeals under section 48 of the Act, and the provisions of these Rules are to be construed accordingly.

In these Rules, unless the context otherwise requires—

• “the Act” means the Data Protection Act 1998;

• “appeal” means an appeal under section 48 of the Act;

• “appellant” means a person who brings or intends to bring an appeal under section 48 of the Act;

• “chairman” means the chairman of the Tribunal, and includes a deputy chairman of the Tribunal presiding or sitting alone;

• “costs”—

  1. (a)

     except in Scotland, includes fees, charges, disbursements, expenses and remuneration;

  2. (b)

     in Scotland means expenses, and includes fees, charges, disbursements and remuneration;

• “disputed decision” means—

  1. (a)

     in relation to an appeal under section 48 of the Act other than an appeal under section 48(3)(b), the decision of the Commissioner, and

  2. (b)

     in relation to an appeal under section 48(3)(b) of the Act the effect of a decision of the Commissioner,

  against which the appellant appeals or intends to appeal to the Tribunal;

• “party” has the meaning given in paragraph (3) below; and

• “proper officer” in relation to a rule means an officer or member of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the Act and appointed by the chairman to perform the duties of a proper officer under that rule.

In these Rules, “party” means the appellant or the Commissioner, and, except where the context otherwise requires, references in these Rules to a party (including references in rule 12 below) include a person appointed under rule 16 below to represent his interests.

In relation to proceedings before the Tribunal in Scotland, for the words “on the trial of an action” in rules 11(4), 12(8) and 23(2) below there is substituted “in a proof”.