The Tribunal Procedure (Amendment No. 2) Rules 2009

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

8.  In rule 1 (citation, commencement, application and interpretation)—

(a) in paragraph (2) after “Upper Tribunal” insert “except proceedings in the Lands Chamber”; and

(b) in paragraph (3)—

(i) after the definition of “applicant” insert—

““appropriate national authority” means, in relation to an appeal, the Secretary of State, the Scottish Ministers or the Welsh Ministers, as the case may be;

“authorised person” means an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988(1), or a person acting under the direction of such an examiner, who has detained the vehicle to which an appeal relates;”;

(ii) in the definition of “respondent”, at sub-paragraph (b) after “any other decision” insert “except a decision of a traffic commissioner”; and

(iii) after the definition of “respondent” insert—

““tribunal” does not include a traffic commissioner;”.

(1)

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).