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The Transport Tribunal (Amendment) Rules 2008

S.I. 2008/2142 · Made 5 August 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Transport, England And Wales

Transport, Scotland

Made 5th August 2008

Laid before Parliament 8th August 2008

Coming into force 1st September 2008

The Lord Chancellor makes the following Rules in exercise of the powers conferred on him by paragraph 11(1) of Schedule 4 to the Transport Act 1985f1 and after consultation with the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007f2.

Annotations to the whole text

Footnotes

f1

1985 c. 67.

f2

2007 c. 15.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Transport Tribunal Rules 2000
  3. 3Amendments to the Transport Tribunal Rules 2000
  4. 4Amendments to the Transport Tribunal Rules 2000
  5. 5Amendments to the Transport Tribunal Rules 2000
  6. 6Amendments to the Transport Tribunal Rules 2000
  7. 7Amendments to the Transport Tribunal Rules 2000
  8. 8Amendments to the Transport Tribunal Rules 2000
  9. 9Amendments to the Transport Tribunal Rules 2000
  10. Signature
  11. Explanatory note

1Citation and commencement

These Rules may be cited as the Transport Tribunal (Amendment) Rules 2008 and come into force on 1st September 2008.

2Amendments to the Transport Tribunal Rules 2000

The Transport Tribunal Rules 2000f1 are amended as follows.

3Amendments to the Transport Tribunal Rules 2000

In the Arrangement of Rules—

(a)

omit the entry for rule 18E;

(b)

after Part IVA insert—

“Part IVB

Certificate of Professional Competence – training providers

Application of Part 1VB18F
Method of appealing18G
Action on receipt of appeal18H
Supply of information and documents18J

”; and

(c)

for the entry for rule 24 substitute—

“

Power to extend or shorten time limits24

”.

4Amendments to the Transport Tribunal Rules 2000

In rule 3 after the definition of “appropriate national authority” insert ““competent authority” means the Secretary of State;”.

5Amendments to the Transport Tribunal Rules 2000

Omit rule 18E.

6Amendments to the Transport Tribunal Rules 2000

After Part IVA insert—

“Part IVB

Certificate of Professional Competence – training providers

Application of Part 1VB

18F.
(1)

This Part applies to appeals to the Tribunal under regulation 6A of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007f1.

(2)

Except for rule 32, rules 20 to 38 apply to appeals to the Tribunal under this Part of these Rules.

Method of appealing

18G.
(1)

An appeal to which this Part applies must be made by serving a notice (‘the notice of appeal”) in writing on the Tribunal.

(2)

The notice of appeal must be signed and dated by or on behalf of the appellant and must state—

(a)

the name and address for service of the appellant; and

(b)

the grounds of appeal.

(3)

The notice of appeal must be accompanied by a copy of the decision given by the competent authority unless it has previously been supplied.

Action on receipt of an appeal

18H.

The secretary must acknowledge receipt of any notice served under rule 18G(1) and must serve a copy on the competent authority.

Supply of information and documents

18J.
(1)

Within 14 days, beginning with the date of receipt of a copy of a notice of appeal, the competent authority must send to the Tribunal a statement of case containing details of any evidence on which it proposes to rely in support of its decision.

(2)

The secretary shall serve a copy of the competent authority’s statement sent to the Tribunal under paragraph (1) on the appellant.

(3)

Within 14 days, beginning with the date of receipt of a copy of the competent authority’s statement, the appellant must serve on the secretary a statement of case containing details of any evidence on which the appellant proposes to rely.”.

7Amendments to the Transport Tribunal Rules 2000

For rule 24 substitute—

“Power to extend or shorten time limits

24.

The tribunal may extend or shorten any time limit specified by these Rules upon such terms as it thinks fit.”.

8Amendments to the Transport Tribunal Rules 2000

In rule 28(2) for “Part IV or IVA” substitute “for Part IV, IVA or IVB”.

9Amendments to the Transport Tribunal Rules 2000

(1)

In rule 35(2) for “Part III or IVA” substitute “Part III, IVA or IVB”.

(2)

In rule 35(3) for “Part IV or IVA” substitute “Part IV, IVA or IVB”.

Signature

Signed by the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

5th August 2008

Explanatory note

(This note is not part of the Rules)

These Rules amend the Transport Tribunal Rules 2000f1 to make provision for appeals to the tribunal under regulation 6A of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007f2. The rules in new Part IVB provide for the manner in which an appeal is to be brought.

Rule 24 of the Transport Tribunal Rules 2000 is also amended so that the tribunal has power to shorten a time limit in the Rules. Consequently, rule 18E is no longer necessary and is omitted.