OpenLegislation

Rule 5 I1

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;”.

Annotations

Commencement

I1

Rule 5 in force at 1.7.2012, see rule 1(b)

Footnotes

f1

1988 c.52. Section 66A was inserted by section 9(1) of the Road Traffic Act 1991 (c. 40) and amended by paragraph 11 of Schedule 7 to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).

f2

S.I. 1995/2994 (N.I. 18)

f3

2010 c. 2 (N.I.)