The Transfer of Tribunal Functions (Transport Tribunal) Order 2015

• Citation: S.I. 2015/65
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Transfer of Tribunal Functions (Transport Tribunal) Order 2015 and comes into force on the day after the date on which it is made.

Section 2 Transfer of functions of Transport Tribunal

(1) The functions conferred on the Transport Tribunal by the provisions of the Transport Act 2000 specified in paragraph (2) are transferred to the Upper Tribunal.

(2) The provisions are—

(a) section 127A (appeals against the making of schemes for areas in England) ;

(b) section 127B (powers of the Transport Tribunal on an appeal under section 127A) ;

(c) section 131E (appeals where proposed continuation considered exempt) ;

(d) section 131F (appeals where proposed continuation considered non-exempt) ;

(e) section 132 (variation or revocation of scheme) ;

(f) section 132A (appeals where proposed variation considered exempt) ;

(g) section 132B (exemption from section 132 for specific variations directed by Tribunal) .

Section 3 Consequential and transitional provisions

(1) Schedule 1 (consequential amendments of primary legislation) has effect.

(2) Schedule 2 (transitional and saving provisions) has effect.

Section 4 Transport Act 2000

The Transport Act 2000 is amended as follows.

Section 5 Transport Act 2000

In each of the following provisions, for “Transport” substitute “Upper”, namely—

(a) section 127A(2) (appeals against the making of schemes for areas in England);

(b) section 127B(1) (powers of the Transport Tribunal on an appeal under section 127A) and the heading to that section;

(c) section 131E(2), (3)(b) and (5) (appeals where proposed continuation considered exempt);

(d) section 131F(2) (appeals where proposed continuation considered non-exempt);

(e) section 132(4)(aa), (5) and (8)(d) (variation or revocation of scheme);

(f) section 132A(2), (3)(b) and (5) (appeals where proposed variation considered exempt);

(g) section 132B(2)(a) and (3) (exemption from section 132 for specific variations directed by Tribunal).

Section 6

Any proceedings before the Transport Tribunal under any of the provisions of the Transport Act 2000 specified in article 2(2) pending immediately before the date on which this Order comes into force shall continue on and after that date as proceedings before the Upper Tribunal.

Section 7

Where proceedings are continued in the Upper Tribunal by virtue of paragraph 6 —

(a) where a hearing began before the date on which this order comes into force but was not completed by that date, the Upper Tribunal must, for the continuation of that hearing, be comprised of the person or persons who began it;

(b) the Upper Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may disapply provisions of the Tribunal Procedure Rules and apply the provisions of the Transport Tribunal Rules 2000 instead;

(c) any direction or order given or made in proceedings which is in force immediately before the date on which this Order comes into force remains in force on and after that date as if it were a direction or order of the Upper Tribunal;

(d) if—

(i) by virtue of the Transport Tribunal Rules 2000, a requirement on a person to do something by a specified date has effect immediately before the date on which this Order comes into force (the commencement date), and

(ii) that requirement has not been complied with by the commencement date,

the requirement to do the thing by the specified date continues to apply on and after the commencement date, and is to be treated as if it were a requirement imposed under the Tribunal Procedure Rules.

Section 8

As regards proceedings arising under any provision specified in article 2(2)—

(a) where an appeal lies to the Court of Appeal from any decision made by the Transport Tribunal before the date on which this Order comes into force, the right of appeal has not been exercised and the time to exercise that right of appeal has not expired prior to that date, section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc ) shall apply as if the decision were a decision made by the Upper 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 Upper Tribunal;

(b) any case remitted by a court on or after the date on which this Order comes into force and which, if it had been remitted before that date would have been remitted to the Transport Tribunal, shall be remitted to the Upper Tribunal.

Section 9

A decision of the Transport Tribunal made under any provision specified in article 2(2) before the date on which this Order comes into force is to be treated on or after that date as a decision of the Upper Tribunal.