Citation, commencement and extent1.

(1)

This Order may be cited as the Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 and comes into force on 1st September 2009.

(2)

The amendments made by paragraphs 6 and 7 of Schedule 1 do not extend to Scotland.

Transfer of functions of the Transport Tribunal and Appeal Panel2.

(1)

The functions of the Transport Tribunal under the Road Traffic Act 19882, the Road Traffic Offenders Act 19883, the Postal Services Act 20004, the Vehicle Drivers (Certificates of Professional Competence) Regulations 20075 and the European Communities (Recognition of Professional Qualifications) Regulations 20076 are transferred to the First-tier Tribunal.

(2)

The functions of the panel of persons appointed by the Lord Chancellor under section 189(6) of the Greater London Authority Act 19997 are transferred to the First-tier Tribunal.

(3)

The functions of the Transport Tribunal under the Public Passenger Vehicles Act 19818, the Transport Act 19859, the Goods Vehicles (Licensing of Operators) Act 199510, section 155 of the Transport Act 200011, the Local Transport Act 200812, the Goods Vehicles (Community Authorisations) Regulations 199213, the Public Service Vehicles (Community Licences) Regulations 199914, the Road Transport (Passenger Vehicles Cabotage) Regulations 199915 and the Goods Vehicles (Enforcement Powers) Regulations 200116 are transferred to the Upper Tribunal.

Additional offices to be held by persons who are members of the Transport Tribunal3.

A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is in addition to hold the office or offices listed in the corresponding entry in column (2) of that table.

(1)

Office held

(2)

Office or offices to be held

President of the Transport Tribunal appointed under paragraph 2(1)(a) of Schedule 4 to the Transport Act 198517

Transferred-in judge of the Upper Tribunal

Chairman of the Transport Tribunal appointed under paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985

Transferred-in judge of the Upper Tribunal

Other member of the Transport Tribunal appointed under paragraph 2(1)(b) of Schedule 4 to the Transport Act 1985

Transferred-in other member of the Upper Tribunal

Consequential and transitional provisions4.

(1)

Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.

(2)

Schedule 2 contains amendments to secondary legislation as a consequence of the transfer effected by this Order.

(3)

Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(4)

Schedule 4 contains transitional and saving provisions.

By the authority of the Lord Chancellor

Parliamentary Under-Secretary of State
Ministry of Justice