The Tribunal Procedure (Upper Tribunal) Rules 2008

Rule 24(1)

[F1 SCHEDULE 1 Procedure after the notice of appeal in appeals against decisions of traffic commissioners

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

1.   This Schedule applies to an appeal against the decision of a traffic commissioner.

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

3.   On receipt of a copy of a notice of appeal under rule 23(6)(b), the traffic commissioner 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 traffic commissioner 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 traffic commissioner’s note of the inquiry; and

(d) in an appeal under section 50 of the Public Passenger Vehicles Act 1981 or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995, a list of the names and addresses of objectors and representors.

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; and

(c) in an appeal under section 37(5) of the Goods Vehicles (Licensing of Operators) Act 1995, 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.

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 specified in paragraph 8 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.

8.   The persons specified for the purposes of paragraph 7 are—

(a) the appropriate national authority;

(b) an objector who was sent a copy of the notice of appeal under paragraph 4(a) or (b); and

(c) a person who made an application and was sent a copy of the notice of appeal under paragraph 4(b).

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 traffic commissioner under paragraph 3.

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.]

Rule 26A(4)

[F2 SCHEDULE 2 Additional procedure in national security certificate cases

Textual Amendments

F2 Sch. 2 inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 14

1.   This Schedule applies only to national security certificate appeals.

2.   Following the transfer of the appeal from the First-tier Tribunal, the Upper Tribunal must provide a copy of the notice of appeal to the respondent, the relevant Minister and the Information Commissioner.

3.   The relevant Minister must send or deliver to the Upper Tribunal a copy of the certificate to which the appeal relates, and a response to the notice of appeal, not later than 42 days after the date on which the relevant Minister received a copy of the notice of appeal.

4.   In an appeal under section 28(4) of the Data Protection Act 1998 or section 60(1) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), the relevant Minister’s response must state whether the relevant Minister intends to oppose the appeal and, if so set out—

(a) a summary of the circumstances relating to the issue of the certificate;

(b) the reason for the issue of the certificate;

(c) the grounds on which the relevant Minister relies in opposing the appeal; and

(d) a statement of the evidence on which the relevant Minister relies in support of those grounds.

5.   In an appeal under section 28(6) of the Data Protection Act 1998 or section 60(4) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), the relevant Minister’s response must state whether the relevant Minister intends to make representations in relation to the appeal and, if so set out—

(a) the extent to which the relevant Minister intends to support or oppose the appeal;

(b) the grounds on which the relevant Minister relies in supporting or opposing the appeal; and

(c) a statement of the evidence on which the relevant Minister relies in support of those grounds.

6.   The Upper Tribunal must—

(a) subject to paragraph 11, provide the relevant Minister’s response and any other response to the appellant, the Information Commissioner and any respondent; and

(b) send a copy of any other response to the relevant Minister.

7.   On grounds of the need to ensure that information is not disclosed contrary to the interests of national security, the relevant Minster may—

(a) object to the disclosure of the relevant Minister’s response to the appellant, the Information Commissioner or any respondent, by sending a notice to the Upper Tribunal with the response; or

(b) object to the disclosure of any other response to the Information Commissioner or any respondent, by sending a notice to the Upper Tribunal within 42 days of the date on which the relevant Minister received a copy of the response.

8.   A notice under paragraph 7 must—

(a) state the reason for the objection; and

(b) in the case of a notice under paragraph 7(a) and to the extent that it is possible to do so, be accompanied by a version of the relevant Minister’s response in a form that can be shown to the appellant, the Commissioner or, as the case may be, a respondent.

9.   Before the Upper Tribunal gives a direction, issues a summons or citation, or produces or publishes a written record of, or reasons for, a decision—

(a) the Upper Tribunal must notify the relevant Minister of the proposed action; and

(b) if the relevant Minister considers that the proposal would cause information that is or would be exempt by virtue of a provision in Part 2 of the Freedom of Information Act 2000 to be disclosed, the relevant Minister may object to the proposal by sending a notice to the Upper Tribunal.

10.   When deciding whether to uphold an objection made by the relevant Minister—

(a) any hearing must take place in the absence of the parties;

(b) if the Upper Tribunal is minded to overrule the relevant Minister’s objection, or to require the relevant Minister to provide a version of the relevant Minister’s response in a form other than one provided under paragraph 8(b) above, the Upper Tribunal must invite the relevant Minister to make representations; and

(c) if the Upper Tribunal overrules an objection in relation to the disclosure of a response, the Tribunal must not disclose, or require the relevant Minister to disclose, any material the subject of the objection unless the relevant Minister relies upon that material in opposing the appeal.

11.   Where the relevant Minister may object to the disclosure of a response or proposed action by the Upper Tribunal, the Upper Tribunal may not proceed with that disclosure or that proposed action unless—

(a) the time for the relevant Minister to object has expired; and

(b) the relevant Minister has not objected, or the Tribunal has overruled the relevant Minister’s objection and, in the case of the disclosure of a response, may proceed with the disclosure under paragraph 10(c).]