The Transport Tribunal (Amendment) Rules 2002
S.I. 2002/643 · Made 8 March 2002
TRANSPORT
Made 8th March 2002
Laid before Parliament 11th March 2002
Coming into force 1st April 2002
The Lord Chancellor, in exercise of the powers conferred by paragraph 11(1) and (2)(d) of Schedule 4 to the Transport Act 1985f1, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992f2, makes the following Rules:
Annotations to the whole text
Footnotes
- f1
-
1985 c. 67. The Transfer of Functions (Transport Tribunal) Order 1989 (S.I. 1989/495) transferred the power to make rules governing the practice and procedure of the Transport Tribunal from the Secretary of State for Transport to the Lord Chancellor.
- f2
Contents
- 1Citation and commencement
- 2Interpretation
- 3Transitional provisions
- 4Amendments to the Transport Tribunal Rules 2000
- 5Amendments to the Transport Tribunal Rules 2000
- 6Amendments to the Transport Tribunal Rules 2000
- 7Amendments to the Transport Tribunal Rules 2000
- 8Amendments to the Transport Tribunal Rules 2000
- 9Amendments to the Transport Tribunal Rules 2000
- 10Amendments to the Transport Tribunal Rules 2000
- 11Amendments to the Transport Tribunal Rules 2000
- Signature
- Explanatory note
1Citation and commencement
These Rules may be cited as the Transport Tribunal (Amendment) Rules 2002 and shall come into force on the same date as sections 258 and 259 of, and paragraph 12 of Schedule 29 to, the Transport Act 2000f1.
2Interpretation
In these Rules, a reference to a rule by number alone means the rule so numbered in the Transport Tribunal Rules 2000f1.
3Transitional provisions
These Rules shall apply to appeals to the Tribunal against decisions made on or after the date upon which they come into force and any such appeals against decisions made before that date shall be treated as if these Rules had not been made.
4Amendments to the Transport Tribunal Rules 2000
In the Arrangement of Rules:
after Part II, the following shall be inserted:
“PART IIA
Applications in relation to a stay in Driving Instructor Appeals
Application of Part IIA 10A Method of applying 10B Contents of notice 10C Action on receipt of application 10D Decision of the Tribunal 10E ”; and
after Part IV, the following shall be inserted:
“PART IVA
Driving Instructor Appeals
Application of Part IVA 18A Method of appealing 18B Action on receipt of appeal 18C Supply of information and documents 18D Reduction of time 18E ”.
5Amendments to the Transport Tribunal Rules 2000
In rule 3:
after the definition of “the 1985 Act”, the following shall be inserted:
““the 1988 Act” means the Road Traffic Act 1988f1;”; and
after the definition of “President”, the following shall be inserted:
““Registrar” means the officer of the Secretary of State by whom the register of approved instructors, established under section 23 of the Road Traffic Act 1962f2, is compiled and maintained on behalf of the Secretary of State;”.
6Amendments to the Transport Tribunal Rules 2000
At the end of rule 10, the following shall be inserted:
“PART IIA
Applications in relation to a stay in Driving Instructor Appeals
Application of Part IIA
10A(1)Rules 10A to 10E apply to an appeal to the Tribunal under section 131(4B) of the 1988 Actf1, or an application under section 131(4D), in relation to a stay, and in those rules “application” shall include such an appeal.
(2)Rules 20 to 25, 28 and 37 apply to applications to the Tribunal under this Part of these Rules.
(3)In this Part of these Rules, a stay means a direction under section 127(8), 128(7) or 130(6) of the 1988 Act.
Method of applying
10BAn application to which this Part applies shall be made by serving a notice in writing on the Tribunal.
Contents of notice
10C(1)The applicant’s notice shall be signed and dated by or on behalf of the applicant and shall state:
(a)the name and the address for service of the applicant; and
(b)the grounds for the application.
(2)The applicant’s notice shall be accompanied by a copy of the decision given by the Registrar refusing a stay, unless it has previously been supplied.
Action on receipt of application
10DThe secretary shall acknowledge receipt of any notice served under rule 10B.
Decision of the Tribunal
10E(1)The decision of the Tribunal shall be given in writing signed and dated by the judicial member and shall contain a summary of its reasons.
(2)A copy of the decision shall be sent to the relevant driving instructor and the Registrar.”.
7Amendments to the Transport Tribunal Rules 2000
After rule 18, the following shall be inserted:
“PART IVA
Driving Instructor Appeals
Application of Part IVA
18A(1)Rules 18B to 18E apply to appeals to the Tribunal under section 131 of the 1988 Act, except for section 131(4B) to (4F).
(2)Except for rule 32, rules 20 to 38 apply to appeals to the Tribunal under this Part of these Rules.
Method of appealing
18B(1)An appeal to which this Part applies shall be made by serving a notice in writing on the Tribunal.
(2)The notice of appeal shall be signed and dated by or on behalf of the appellant and shall state:
(a)the name and the address for service of the appellant; and
(b)the grounds for the appeal.
(3)The notice of appeal shall be accompanied by a copy of the decision given by the Registrar, unless it has previously been supplied.
Action on receipt of appeal
18CThe secretary shall acknowledge receipt of any notice served under rule 18B(1) and shall serve a copy on the Registrar.
Supply of information and documents
18D(1)Within 14 days of receipt of a copy of a notice of appeal the Registrar shall send to the Tribunal a statement of case containing details of any evidence on which he proposes to rely in support of his decision.
(2)The secretary shall serve a copy of the Registrar’s statement served under paragraph (1) on the appellant.
(3)Within 14 days of receipt of a copy of the Registrar’s statement the appellant shall serve on the secretary a statement of case containing details of any evidence on which he proposes to rely.
Reduction of time
18EWhere the Tribunal has granted an application by the Registrar under section 131(4D) of the 1988 Act, it may reduce any time specified by these Rules upon such terms as it thinks fit, if it considers that the justice of the case requires it.”.
8Amendments to the Transport Tribunal Rules 2000
The following shall be substituted for rule 20:
“Constitution
20Any act required or authorised by these Rules to be done by the Tribunal may be done by a judicial member sitting alone.”.
9Amendments to the Transport Tribunal Rules 2000
In rule 26(2), “subject to rule 20” shall be deleted.
10Amendments to the Transport Tribunal Rules 2000
In rule 28(2) “or appeals to which Part IV or IVA” shall be substituted for “to which Part IV”.
11Amendments to the Transport Tribunal Rules 2000
In rule 35:
in paragraph (2), “or Part IVA” shall be inserted after “Part III”; and
in paragraph (3), “or appeals to which Part IV or IVA” shall be substituted for “to which Part IV”.
Signature
Signed by the authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 8th March 2002
Explanatory note
(This note is not part of the Rules)
These Rules amend the Transport Tribunal Rules 2000 in order to provide for the transfer to the Tribunal, by section 258 of the Transport Act 2000, of jurisdiction for appeals against decisions of the registrar of approved driving instructors under section 131 of the Road Traffic Act 1988. The appeals were previously heard by the Secretary of State for Transport and concern decisions by the Registrar regarding the registration of instructors and the granting of trainee instructors' licenses. The rules of general application are amended in order to incorporate the new jurisdiction, and the new Parts IIA and IVA provide for the specific manner in which such cases are to be dealt with.
In addition, rule 20 has been amended in respect of all cases in order to provide that any act of the Tribunal may be carried out by a judicial member sitting alone.