SCHEDULE 1
Article 4(1)
Consequential provisions – primary legislation
Public Passenger Vehicles Act 1981
1. The Public Passenger Vehicles Act 198118is amended as follows.
2. In section 50 (appeals to the Transport Tribunal)—
(a) in subsections (1) and (3) to (6), and in the heading, for “Transport Tribunal” substitute “Upper Tribunal”; and
(b) in subsection (8)—
(i) for “to the Transport Tribunal” substitute “to the Upper Tribunal”; and
(ii) omit “and the Transport Tribunal shall give their decision on the application within fourteen days”.
3. In section 54(8)(c) (inquiries held by traffic commissioners) for “Transport Tribunal” substitute “Upper Tribunal”.
4. In paragraph 12 of Schedule 2A (appeal to Transport Tribunal from traffic commissioner)—
(a) in sub-paragraph (1), and in the heading, for “Transport Tribunal” substitute “Upper Tribunal”; and
(b) omit sub-paragraph (2).
5. The Transport Act 198519is amended as follows.
6. In section 6A (applications for registration etc where restrictions are in force)—
(a) in subsection (9)—
(i) for “Transport Tribunal” substitute “Upper Tribunal”; and
(ii) omit “As respects appeals to the Transport Tribunal, see Schedule 4 to this Act.”; and
(b) omit subsection (10).
7. In section 9 (appeals against traffic regulation conditions)—
(a) in subsection (1) for “ the Transport Tribunal” substitute “the Upper Tribunal”;
(b) omit subsection (5); and
(c) in subsection (6) for “The persons who may appeal against any such decision of the Transport Tribunal are” substitute “For 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”.
8. In section 117(2) (reconstitution of the Transport Tribunal) at the end insert “; and that Schedule also makes provision in relation to appeals to the First-tier Tribunal or the Upper Tribunal under enactments relating to transport (see paragraphs 17 and 18)”.
9. In Schedule 4 (constitution, powers and proceedings of the Transport Tribunal)—
(a) in paragraph 1 after “Tribunal” insert “(referred to in this Schedule as “the tribunal”)”;
(b) in paragraph 8(1) omit “Subject to paragraph 9(2) below,”;
(c) omit paragraph 9; and
(d) after paragraph 16 insert—
“Powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals(17) (1) The First-tier Tribunal and the Upper Tribunal are to have full jurisdiction to hear and determine all matters (whether of law or of fact) for the purpose of the exercise of any of their functions under an enactment relating to transport.In the case of the Upper Tribunal, this is subject to sub-paragraph (3).(2) On an appeal from any determination of a traffic commissioner other than an excluded determination, the Upper Tribunal is to have power—(a) to make such order as it thinks fit; or(b) to remit the matter to the traffic commissioner for rehearing and determination by the commissioner in any case where the tribunal considers it appropriate;and any such order is binding on the commissioner.(3) The Upper Tribunal may not on any such appeal take into consideration any circumstances which did not exist at the time of the determination which is the subject of the appeal.(4) A determination of a traffic commissioner is an excluded determination for the purposes of this paragraph if it is made under—(a) the Goods Vehicles (Community Authorisations) Regulations 199220; or(b) the Public Service Vehicles (Community Licences) Regulations 199921.(18) Paragraph 12 applies in relation to the First-tier Tribunal and the Upper Tribunal for the purpose of the exercise of any of their functions under an enactment relating to transport.”.
10. The Road Traffic Act 198822is amended as follows.
11. In section 131 (appeals)—
(a) in subsections (1) and (2) for the words from “by notice in writing” to the end substitute “appeal to the First-tier Tribunal.”;
(b) in subsection (3)—
(i) for “Transport Tribunal” substitute “First-tier Tribunal”; and
(ii) for “they think” substitute “it thinks”;
(c) in subsection (4A)—
(i) for “Tribunal consider” substitute “First-tier Tribunal considers”; and
(ii) for “they” substitute “it”;
(d) in subsection (4B) for the words from “by notice in writing” to the end substitute “appeal to the First-tier Tribunal.”;
(e) in subsection (4C)—
(i) for “Transport Tribunal” substitute “First-tier Tribunal”; and
(ii) omit “within the period of fourteen days beginning with the day on which notice of the decision is given”;
(f) in subsection (4D)—
(i) for “Transport Tribunal”, in both places, substitute “First-tier Tribunal”; and
(ii) omit “by notice in writing”;
(g) in subsection (4E)—
(i) for “Transport Tribunal” substitute “First-tier Tribunal”; and
(ii) omit “, within the period of fourteen days beginning with the day on which it is made”;
(h) in subsection (4F)—
(i) for “Transport Tribunal” substitute “First-tier Tribunal”; and
(ii) for “they consider” substitute “it considers”; and
(i) omit subsection (4G).
12. In section 133ZA(5)(b) (training) for “Transport Tribunal” substitute “First-tier Tribunal”.
13. In section 162A(3)(e) (approved test assistants) for “Transport Tribunal” substitute “First-tier Tribunal”.
Road Traffic Offenders Act 1988
14. The Road Traffic Offenders Act 198823is amended as follows.
15. In section 30C(5)(f) (approval of courses) for “Transport Tribunal” substitute “First-tier Tribunal”.
16. In section 34BA(5)(f) (approval of courses) for “Transport Tribunal” substitute “First-tier Tribunal”.
17. In section 34F(5)(f) (approval of programmes) for “Transport Tribunal” substitute “First-tier Tribunal”.
Goods Vehicles (Licensing of Operators) Act 1995
18. The Goods Vehicles (Licensing of Operators) Act 199524is amended as follows.
19. In section 24(5) and (9)(a) (interim operators’ licences) for “Transport Tribunal” substitute “Upper Tribunal”.
20. In section 29 (revocation and disqualification etc)—
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