C2C3C4 Part I General Provisions Relating to Road Passenger Transport

Annotations:
Modifications etc. (not altering text)
C2

Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)

C3

Pt. 1(ss. 1-33) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 36 (with art. 52)

C4

Pt. 1 (ss. 1-33) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 37(3)

C1C5C69 Appeals against traffic regulation conditions.

1

Any person to whom subsection (2) below applies may appeal to F4the Secretary of StateF4F6the Upper Tribunal against—

a

the determination, variation or revocation of any traffic regulation conditions under section 7 of this Act; or

b

the refusal by a traffic commissioner to comply with a request duly made under that section to determine, vary or revoke any such conditions.

2

The persons to whom this subsection applies are—

a

in relation to any determination, variation or revocation of conditions—

i

any person who has registered under section 6 of this Act a local service which is, or is likely to be, affected by them; and

ii

any traffic authority aggrieved by the decision in question; and

b

in relation to any refusal to comply with a request, the person making the request.

3

F2An appeal under this section must be made within the prescribed time and in the prescribed manner, and provision may be made by regulations as to the procedure to be followed in connection with such appeals.

4

F2On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against and may give such directions as he thinks fit to the traffic commissioner for giving effect to his decision.

5

F7An appeal lies at the instance of any of the persons mentioned in subsection (6) below on any point of law arising from a decision of the Secretary of State on an appeal under this section—

a

to the High Court, where the area of the traffic commissioner concerned is in England or Wales; and

b

to the Court of Session, where it is in Scotland.

6

F8The persons who may appeal against any such decision of F5the Secretary of State areF8For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc. against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case—

a

the person who appealed to F3himF3the tribunal;

b

any person who had a right to appeal to F3himF3the tribunal against the relevant decision of the traffic commissioner but did not exercise that right;

c

any traffic authority aggrieved by the decision; and

F10d

the traffic commissioner whose decision was appealed against.

F10d

a traffic commissioner.

7

F1If on an appeal under subsection (5) above the High Court or Court of Session is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Secretary of State with the opinion of the court for rehearing and determination by him.

8

F1No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.

9

F1An appeal shall lie, with the leave of the Court of Session or the F9Supreme Court, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the F9Supreme Court determine.

10

In this section “traffic authority” has the same meaning as in section 7 of this Act.