The Tribunal Procedure (Amendment No. 2) Rules 2012

• Citation: S.I. 2012/1363
• Sections: 9

Section 1 Citation and commencement

These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2012 and come into force—

(a) for the purposes of rules 2 and 3, on 1st September 2012;

(b) for all other purposes, on 1st July 2012.

Section 2 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 are amended as follows.

Section 3 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

In paragraph (1) of rule 21 (the response)—

(a) in sub-paragraph (c), after “in schools case” insert “to which sub-paragraph (cc) does not apply”;

(b) at the end of sub-paragraph (c) insert a new sub-paragraph—

(cc) in a disability discrimination in schools case that includes a claim for the reinstatement of a child who has been permanently excluded, within 15 working days after the respondent received the application notice;

Section 4 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.

Section 5 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In paragraph (3) of rule 1 (interpretation etc)—

(a) in the definition of “appropriate national authority” after “Scottish Ministers” insert “, the Department of the Environment in Northern Ireland”;

(b) for the definition of “authorised person” substitute—

“ authorised person ” means—

an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988 ;

an examiner appointed by the Department of the Environment in Northern Ireland under Article 74 of the Road Traffic (Northern Ireland) Order 1995 ; or

any person authorised in writing by the Department of the Environment in Northern Ireland for the purposes of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ;

and includes a person acting under the direction of such an examiner or other authorised person, who has detained the vehicle to which an appeal relates;

(c) in the definition of “respondent”, for “against any other decision except a decision of a traffic commissioner” substitute “other than a road transport case”;

(d) before the definition of “tribunal” insert—

“ road transport case ” means an appeal against a decision of a traffic commissioner or the Department of the Environment in Northern Ireland;

Section 6 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In paragraph (3) of rule 20A (procedure for applying for a stay of a decision pending an appeal) —

(a) in the first line, for “for a stay of a decision of a traffic commissioner” substitute “in a road transport case”;

(b) for each reference to “traffic commissioner” in sub-paragraphs (a) and (b), substitute “decision maker”.

Section 7 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In paragraph (6) of rule 23 (notice of appeal), for sub-paragraph (b) substitute—

(b) in a road transport case, to—

(i) the decision maker;

(ii) the appropriate national authority; and

(iii) in a case relating to the detention of a vehicle, the authorised person

Section 8 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In paragraph (1) of rule 24 (response to the notice of appeal), for “an appeal against a decision of a traffic commissioner” substitute “a road transport case”.

Section 9 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In Schedule 1 (procedure after the notice of appeal in appeals against decisions of traffic commissioners)—

(a) in the heading for “appeals against decisions of traffic commissioners” substitute “road transport cases”;

(b) in paragraph 1, for “an appeal against the decision of a traffic commissioner” substitute “road transport cases”;

(c) in paragraph 3, for each reference to “traffic commissioner” and “traffic commissioner’s”, substitute “decision maker” and “decision maker’s” respectively;

(d) for paragraph 3(d), substitute—

(d) in an appeal under—

(i) section 50 of the Public Passenger Vehicles Act 1981 or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995 , or

(ii) section 35 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010,

a list of the names and addresses of objectors and representors.

(e) in paragraph 4—

(i) in sub-paragraph (b)—

(aa) before “each” insert “to”, and

(bb) at the end of that sub-paragraph omit “and”;

(ii) after sub-paragraph (c), insert—

(d) in an appeal under section 35(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, to each person who made representations under section 11(4) or 18(2) of that Act.

(f) in paragraph 10, for “traffic commissioner” substitute “decision maker”.