The Tribunal Procedure (Upper Tribunal) Rules 2008

Rule 24(1)

[F1 SCHEDULE 1 Procedure after the notice of appeal in [F2 road transport cases]

Textual Amendments

F1 Sch. 1 inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 22

F2 Words in Sch. 1 heading substituted (1.7.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(a)

1.   This Schedule applies to [F3 road transport cases].

Textual Amendments

F3 Words in Sch. 1 para. 1 substituted (1.7.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(b)

2.   The only parties to the appeal are the appellant and any person added as a party under rule 9 [F4 (addition, substitution and removal of parties)] .

Textual Amendments

F4 Words in Sch. 1 para. 2 substituted (6.4.2010) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2010 (S.I. 2010/747), rules 1, 11

3.   On receipt of a copy of a notice of appeal under rule 23(6)(b), the [F5 decision maker] must send to the Upper Tribunal a copy (and, on request, further copies) of—

(a) a written record of the decision appealed against and reasons for the decision;

(b) all documents produced to the [F5 decision maker] in connection with the decision;

(c) if a public inquiry was held, the transcript of the inquiry or, if no such transcript was produced, the [F5 decision maker’s] note of the inquiry; and

[F6 (d) in an appeal under—

(i) section 50 of the Public Passenger Vehicles Act 1981 or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995, 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.]

Textual Amendments

F5 Words in Sch. 1 para. 3 substituted (1.7.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(c)

F6 Sch. 1 para. 3(d) substituted (1.7.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(d)

4.   On receipt of a list under paragraph 3(d) the Upper Tribunal must send a copy of the notice of appeal—

(a) where the appellant had applied for, or for the variation of, an operator’s licence, to each person who made an objection to the application;

(b) where the appellant had made an objection to an application for, or (in the case of a goods vehicle operator’s licence) for the variation of, an operator’s licence, to the person who made the application and to every other person who made an objection to the application; F7 ...

(c) in an appeal under section 37(5) of the Goods Vehicles (Licensing of Operators) Act 1995, F8 [F9 to] each person who made representations under section 12(4) or 19(2) of that Act against the application for, or for the variation of, the operator’s licence in question.

[F10 (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.]

Textual Amendments

F7 Word in Sch. 1 para. 4(b) omitted (1.7.2012) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(e)(i)(bb)(i)

F8 Word in Sch. 1 para. 4(c) inserted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(b), 16

F9 Word in Sch. 1 para. 4(c) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 57(a)

F10 Sch. 1 para. 4(d) inserted (1.7.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(e)(ii)

5.   The appropriate national authority and any person to whom the Upper Tribunal has sent a copy of the notice of appeal under paragraph 4 may apply for a direction under rule 9(2) adding them as a respondent.

6.   An application under paragraph 5 must be sent or delivered to the Upper Tribunal so that it is received within 14 days of the date that the Upper Tribunal sent a copy of the notice of appeal to the person making the application.

7.   If a person F11 ... makes an application in accordance with paragraphs 5 and 6, the Upper Tribunal must give a direction under rule 9(2) adding that person as a respondent.

Textual Amendments

F11 Words in Sch. 1 para. 7 omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 57(b)

F12 8.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 1 para. 8 omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 57(c)

9.   The Upper Tribunal must notify each other party of any application under paragraph 5 and the Upper Tribunal’s decision in respect of each such application.

10.   Any party may make a request to the Upper Tribunal for copies of specified documents provided by the [F13 decision maker] under paragraph 3.

Textual Amendments

F13 Words in Sch. 1 para. 10 substituted (1.7.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(b), 9(f)

11.   On receiving a request under paragraph 10 the Upper Tribunal—

(a) must provide the requested copies unless it considers the request unreasonable; and

(b) if it considers the request unreasonable, give details of why it considers the request unreasonable.]