Memorandum by the Lord Chancellor's Department
TRANSPORT TRIBUNAL RULES 2000 (S.I. 2000/3226)
1. The Lord Chancellor's Department submits this
memorandum in response to the request dated 21 December 2000 on
the following points:
(1) Explain why the Table of Arrangement has
been included after (instead of before) the recital of powers
(see paragraphs 2.21 and 2.22 of Statutory Instrument Practice).
2. This is an error for which the Department apologises.
The Department regrets that it inadvertently overlooked the requirements
of paragraphs 2.21 and 2.22 of Statutory Instrument Practice.
(2) Rule 13(1) requires the
secretary, "upon receipt of the details to be provided under
rule 15(1)(d)", to send a copy of the notice of appeal to
[(a)] the traffic commissioner. On the other hand, rule 15(1)
requires the traffic commissioner "upon receipt of a copy
of a notice of appeal" to send the Tribunal [(d)] in the
case of an appeal under section 50 of the 1981 Act or section
37 of the 1995 Act, a copy of a list of the names and addresses
of objectors and representors. Explain the interrelationship between
these two provisions and how they are intended to operate, given
that a copy of the notice of appeal must be sent to the traffic
commissioner after the secretary receives a copy of the list from
the traffic commissioner, who is not required to send the list
until he receives a copy of the notice of appeal.
3. This is an error for which the Department apologises.
The Department proposes to amend the Rules at the earliest opportunity
in order to provide that it is only service of the copy notice
under sub-paragraphs (c), (d) and (e) of rule 13(1), and not service
under sub-paragraphs (a) and (b), which is to be delayed until
receipt of the details to be provided under rule 15(1)(d).
(3) Rule 13(3) provides that
"every copy notice served in accordance with paragraph
(1)(e) shall be endorsed with a statement" to
the effect that a representor has applied for permission to the
Tribunal to become a party to the appeal. Explain the intended
sense of this provision, and of the corresponding provision in
rule 13(2). Is the reference to "copy notice" in paragraphs
(2) and (3) meant to refer to the documents sent under paragraph
(5), and should the underlined words have read "paragraph
(5)(b)" and, in rule 13(2), the second reference to "paragraph
(1) (b)(c) or (d)" have read paragraph (5)(a)"?
4. Rule 13(3) provides that every copy notice served
on a representor shall be endorsed with a statement that the representor
may, within 14 days of such notice, apply in writing to the Tribunal
for permission to become a party to the appeal.
5. The corresponding provision in rule 13(2) provides
that every copy notice served on the national authority, an objector
or the applicant shall be endorsed with a statement that the person
served may, within 14 days of such notice, reply in writing to
the Tribunal that he wishes to become a party to the appeal, whereupon
he shall become a party.
6. The reference to "copy notice" in paragraphs
(2) and (3) refers to the copy notice of appeal served under rule
13(1), not to the documents sent under paragraph (5). The underlined
words and, in rule 13(2), the second reference to "paragraph
(1)(b)(c) or (d)", are correct.
(4) Explain why the Explanatory
Note does not contain a clear statement of the substance and purport
of the instrument (see paragraph 2.73 of the Statutory Instrument
7. The Department fully intended to comply with paragraph
2.73 of the Statutory Instrument Practice. However, the Department
accepts that the Explanatory Note was not sufficiently informative,
for which it apologises. The Note would have been more satisfactory
"These Rules Revoke and replace the Transport
Tribunal Rules 1986.
They govern the procedure
to be followed where an application or appeal is made to the Transport
(a) section 50 of the Public Passenger Vehicles
Act 1981, which provides for appeals and applications for a stay
to be made to the Tribunal against the decision of a traffic commissioner
regarding a public service vehicle operator's licence;
(b) sections 29(3) and 37 of the Goods Vehicles
(Licensing of Operators) Act 1995, which makes similar provision
regarding goods vehicles operators' licences;
(c) section 111 of the Transport Act 1985, which
provides for appeals to be made to the Tribunal against the determination
by a traffic commissioner that the operator of a local public
transport service has failed to operate a service in accordance
with that Act;
(d) section 94 of the Postal Services Act 2000,
which provides for the determination by the Tribunal of the remuneration
for services provided under that section in respect of carrying
mail-bags in a ship or aircraft.".
11 January 2001