3. In respect of proceedings referred to in paragraph 1(1) where an appeal lies to a court from any decision made by the Transport Tribunal before 1st September 2009, the right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st September 2009, section 11 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal to Upper Tribunal) shall apply as if the decision were a decision made on or after 1st September 2009 by the First-tier Tribunal, and any reference to the Transport Tribunal in enactments relating to such an appeal, express or otherwise, is to be taken as a reference to the First-tier Tribunal.