The First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020

Regulation 6

SCHEDULE 1 Transitional and saving provisions

Representations, appeals and proceedings in progress before bus lane adjudicators immediately prior to 1 April 2020 to transfer to the First-tier Tribunal

1.  Any representation or appeal to a bus lane adjudicator in progress or pending immediately prior to 1 April 2020 not yet determined and any proceedings before a bus lane adjudicator in progress or pending immediately prior to that date must be transferred to and must be completed by the First-tier Tribunal but with so far as possible the same person hearing and determining the case before the First-tier Tribunal as a member of that tribunal as was prior to 1 April 2020 hearing the case as a bus lane adjudicator.

Decisions, directions and orders of bus lane adjudicators to continue in force

2.  Any decision (whether or not called a decision), direction or order given or made in, or in respect of a representation or appeal to, any proceedings before a bus lane adjudicator which is given or made immediately prior to 1 April 2020 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.

Time limits in respect of representations and appeals to, and proceedings before, bus lane adjudicators to carry over to the First-tier Tribunal

3.  Any time limit which has started to run prior to 1 April 2020 in respect of a representation, appeal or proceedings before a bus lane adjudicator (and which has not expired) continues to apply where representations, appeals or proceedings are transferred to the First-tier Tribunal.

Unexercised right of review, if exercised, is a right of review by the First-tier Tribunal

4.  Where in respect of a decision of a proper officer or bus lane adjudicator prior to 1 April 2020 there lies a right to apply for review(1) which has not been exercised prior to that date, but is still exercisable, any application for review on or after 1 April 2020 is to be to the First-tier Tribunal as if the decision has been made by the First-tier Tribunal and the review is to be a review under section 43 of the 2014 Act.

Exercised right of review is a right of review by the First-tier Tribunal

5.  Where in respect of a decision of a proper officer or bus lane adjudicator prior to 1 April 2020 there lies a right of review, which has been exercised prior to that date, the review is to be completed by the First-tier Tribunal as if the application for a review were a request for a review under section 43 of the 2014 Act.

(1)

Set out in regulation 21 (review of adjudicator’s or proper officer’s decision) of the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011 (S.S.I. 2011/442).