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The Tribunal Procedure (Amendment No. 2) Rules 2012

S.I. 2012/1363 · Made 22 May 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2014.

Tribunals And Inquiries

Made 22nd May 2012

Laid before Parliament 24th May 2012

Coming into force in accordance with rule 1

The Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred on it by section 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007f1, having consulted in accordance with paragraph 28(1) of that Schedule.

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of that Schedule.

Annotations to the whole text

Footnotes

f1

2007 c.15

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
  3. 3Rule 3
  4. 4Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
  5. 5Rule 5
  6. 6Rule 6
  7. 7Rule 7
  8. 8Rule 8
  9. 9Rule 9
  10. Signature
  11. Explanatory note

1Citation and commencementI1

These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2012 and come into force—

(a)

for the purposes of rules 2 and 3, on 1st September 2012;

(b)

for all other purposes, on 1st July 2012.

2Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008I1

The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008f1 are amended as follows.

3I1

In paragraph (1) of rule 21 (the response)—

(a)

in sub-paragraph (c), after “in schools case” insert “to which sub-paragraph (cc) does not apply”;

(b)

at the end of sub-paragraph (c) insert a new sub-paragraph—

“(cc)

in a disability discrimination in schools case that includes a claim for the reinstatement of a child who has been permanently excluded, within 15 working days after the respondent received the application notice;”.

4Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008I1

The Tribunal Procedure (Upper Tribunal) Rules 2008f1 are amended as follows.

5I1

In paragraph (3) of rule 1 (interpretation etc)—

(a)

in the definition of “appropriate national authority” after “Scottish Ministers” insert “, the Department of the Environment in Northern Ireland”;

(b)

for the definition of “authorised person” substitute—

  • ““authorised person” means—

    1. (a)

      an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988f1;

    2. (b)

      an examiner appointed by the Department of the Environment in Northern Ireland under Article 74 of the Road Traffic (Northern Ireland) Order 1995f2; or

    3. (c)

      any person authorised in writing by the Department of the Environment in Northern Ireland for the purposes of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010f3;

and includes a person acting under the direction of such an examiner or other authorised person, who has detained the vehicle to which an appeal relates;”

(c)

in the definition of “respondent”, for “against any other decision except a decision of a traffic commissioner” substitute “other than a road transport case”;

(d)

before the definition of “tribunal” insert—

  • ““road transport case” means an appeal against a decision of a traffic commissioner or the Department of the Environment in Northern Ireland;”.

6I1

In paragraph (3) of rule 20A (procedure for applying for a stay of a decision pending an appeal)f1—

(a)

in the first line, for “for a stay of a decision of a traffic commissioner” substitute “in a road transport case”;

(b)

for each reference to “traffic commissioner” in sub-paragraphs (a) and (b), substitute “decision maker”.

7I1

In paragraph (6) of rule 23 (notice of appeal), for sub-paragraph (b) substitute—

“(b)

in a road transport case, to—

(i)

the decision maker;

(ii)

the appropriate national authority; and

(iii)

in a case relating to the detention of a vehicle, the authorised person”.

8I1

In paragraph (1) of rule 24 (response to the notice of appeal), for “an appeal against a decision of a traffic commissioner” substitute “a road transport case”.

9I1

In Schedule 1 (procedure after the notice of appeal in appeals against decisions of traffic commissioners)—

(a)

in the heading for “appeals against decisions of traffic commissioners” substitute “road transport cases”;

(b)

in paragraph 1, for “an appeal against the decision of a traffic commissioner” substitute “road transport cases”;

(c)

in paragraph 3, for each reference to “traffic commissioner” and “traffic commissioner’s”, substitute “decision maker” and “decision maker’s” respectively;

(d)

for paragraph 3(d), substitute—

“(d)

in an appeal under—

(i)

section 50 of the Public Passenger Vehicles Act 1981f1 or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995f2, or

(ii)

section 35 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010,

a list of the names and addresses of objectors and representors.”;

(e)

in paragraph 4—

(i)

in sub-paragraph (b)—

F1(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)

at the end of that sub-paragraph omit “and”;

(ii)

after sub-paragraph (c), insert—

“(d)

in an appeal under section 35(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, to each person who made representations under section 11(4) or 18(2) of that Act.”;

(f)

in paragraph 10, for “traffic commissioner” substitute “decision maker”.

Signature

We make these Rules

Brian F J Langstaff

Philip Brook Smith QC

Simon Cox

Simon Ennals

Mark Rowland

Lesley Clare

Douglas J May QC

Bronwyn McKenna

M T Reed

I allow these Rules,

Signed by the authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

22nd May 2012

Explanatory note

(This note is not part of the Rules)

These Rules amend the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) and the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).

In disability discrimination in schools cases where a person seeks the reinstatement of a pupil who has been permanently excluded, the time limit for a respondent to submit a response to the Tribunal has been altered to 15 working days after the respondent received the application notice. In other cases, where reinstatement is not claimed, the time limit remains unaltered. These amendments to the First-tier Tribunal (Health, Education and Social Care Chamber) Rules are contained in rules 2 and 3.

Amendments are also being made for the purposes of appeals against decisions of the Department of the Environment in Northern Ireland relating to goods vehicles. As the procedures needed for these cases are similar to those which already apply in the Upper Tribunal for appeals from the decisions of traffic commissioners, the amendments are being added into those rules which already apply to appeals against traffic commissioners’ decisions and both are newly defined as “road transport cases”. These amendments to the Upper Tribunal Rules are contained in rules 4 to 9.