The Tribunal Procedure (Amendment No. 2) Rules 2009

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

22.  At the end of the Rules insert—

Rule 24(1)

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

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(1) or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995(2), 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.”.

(1)

1981 c. 14. Section 50 was substituted by section 31 of the Transport Act 2985 (c. 67) and amended by section 65(2) of, and paragraph 7 of Schedule 14 to, the Deregulation and Contracting Out Act 1994 (c. 40).

(2)

1995 c. 23.