Explanatory note

This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act creates a new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal (“the new tribunals”) are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable functions of existing tribunals to be transferred into the new structure. This Order transfers some functions of the Transport Tribunal to the First-tier Tribunal and some to the Upper Tribunal. Some functions, including functions devolved under the Scotland Act 1998, will be retained by the Transport Tribunal.

Article 2 transfers the specified functions of the Transport Tribunal to the First-tier Tribunal and Upper Tribunal. It also transfers functions of a panel referred to in section 189 of the Greater London Authority Act 1999 to the First-tier Tribunal (“appeal panel”).

Article 3 provides for members of the Transport Tribunal to hold, in addition, the offices of transferred-in judge of the Upper Tribunal or transferred-in other member of the Upper Tribunal.

Article 4(1) to (3) brings Schedules 1 to 3 into effect. Schedule 1 contains consequential amendments to primary legislation, Schedule 2 contains consequential amendments to secondary legislation and Schedule 3 contains consequential repeals and revocations of legislation. These amendments are made in consequence of the transfer of functions of the Transport Tribunal and the Appeal Panel to the First-tier Tribunal and the Upper Tribunal.

Article 4(4) brings Schedule 3 into effect. Schedule 3 makes transitional and saving provisions for the treatment of cases which would previously have been dealt with by the Transport Tribunal or the Appeal Panel following the coming into force of this Order.

The Schedule provides for proceedings which have been started in the Transport Tribunal or the Appeal Panel to be transferred to the First-tier Tribunal or Upper Tribunal, as appropriate; new proceedings will be started in the First-tier Tribunal or the Upper Tribunal as the case may be:

• a hearing which has already been commenced but not completed will need to be completed in the First-tier Tribunal or Upper Tribunal, as the case may be, but comprised of the same members;

• directions and orders made prior to this Order coming into force will continue in force as if they were directions or orders of the First-tier Tribunal or Upper Tribunal, as the case may be;

• the First-tier Tribunal or Upper Tribunal will be able to disapply amendments to the rules or apply the Transport Tribunal Rules 2000 as they applied to the Transport Tribunal, to ensure that proceedings are dealt with fairly;

• time limits which begin to run before this Order comes into force continue to apply after the Order comes into force;

• the First-tier Tribunal and Upper Tribunal will only be able to make a costs order if and to the extent that the Transport Tribunal could have made such an order;

• appeals against the decisions of the Transport Tribunal which transfer to the First-tier Tribunal, if the appeal right has not been exercised before this Order comes into force and the time for doing so has not expired, are to be treated as appeals to the Upper Tribunal against decisions of the First-tier Tribunal;

• appeals against the decisions of the Transport Tribunal which transfer to the Upper Tribunal, if the appeal right has not been exercised before this Order comes into force and the time for doing so has not expired, are to be treated as appeals to the relevant Court against decisions of the Upper Tribunal.

A Regulatory Impact Assessment was prepared for the Tribunals, Courts and Enforcement Act 2007. This can be found at:

http://www.justice.gov.uk/publications/tribunalscourtsandenforcementact.htm