Joint Committee on Statutory Instruments Fourth Report


APPENDIX 2

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 Practice).

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 as follows:

"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 Tribunal under:

    (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


 
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