The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals (Rules of Procedure) Regulations 2020

Interpretation

1.  In these Rules—

“the 1991 Act” means the Road Traffic Act 1991(1),

“the 2011 Regulations” means the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011(2),

“the 2014 Act” means the Tribunals (Scotland) Act 2014(3),

“appeal” means an appeal under—

(a)

section 72 or paragraph 5 of schedule 6 of the 1991 Act, or

(b)

regulation 12 of the 2011 Regulations,

“appellant” means the person bringing the appeal,

“authorised representative” means a person who is entitled to sign documents on behalf of the appellant and to send and receive documents on the appellant’s behalf,

“bus lane charge notice” means a charge notice as defined in regulation 8(1) of the 2011 Regulations,

“case management system” means the electronic system used by the First-tier Tribunal in the management of parking cases and bus lane cases and to which parties may be permitted limited access via a secure, dedicated website to view case-specific information or submit documentation,

“Chamber President” means the Chamber President of the First-tier Tribunal,

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(4) and “electronic signature” has the same meaning as in section 7 of that Act(5),

“First-tier Tribunal” means the General Regulatory Chamber(6) of the First-tier Tribunal for Scotland as defined by section 1(1) of the 2014 Act,

“hearing” means an oral hearing and includes a form of hearing conducted in whole or in part by video link, telephone or other means of instantaneous multi-party electronic communication,

“notice of rejection” means a notice served by the respondent authority under—

(a)

subsection (6)(b) of section 71 of the 1991 Act that they do not accept that a ground on which representations were made under that section has been established,

(b)

paragraph 2(7) of schedule 6 of the 1991 Act that they do not accept that a ground under that paragraph has been established, or

(c)

regulation 10(3) of the 2011 Regulations,

“original representations” means the representations made to the respondent authority under—

(a)

section 71 or paragraph 2 of schedule 6 of the 1991 Act, or

(b)

regulation 9(1) of the 2011 Regulations,

“party” means the appellant or the respondent authority,

“penalty charge notice” means the notice issued under section 66 of the 1991 Act,

“proceedings” means proceedings before the First-tier Tribunal when convened to hear appeals,

“register” means the register of appeals and decisions kept in accordance with rule 24 (the register), and

“respondent authority” means—

(a)

an approved local authority in terms of section 44(2) of the Transport (Scotland) Act 2001(7),

(b)

in relation to a parking place which was provided or authorised under section 32(1) of the Road Traffic Regulation Act 1984(8), the local authority as defined by section 32(4)(a) of that Act in relation to the parking place, or

(c)

in any other case, the traffic authority (other than the Scottish Ministers) as defined by section 121A of the Road Traffic Regulation Act 1984(9),

“review” means the internal review provided for by section 43(1) of the 2014 Act, and

“Upper Tribunal” means the Upper Tribunal for Scotland as defined by section 1(1) of the 2014 Act.

(1)

1991 c.40.

(2)

S.S.I. 2011/442.

(3)

2014 asp 10.

(4)

2000 c.7. Section 15(1) was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

(5)

Section 7 was amended by paragraph 1 of schedule 3 of the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016/696.

(6)

The First-tier Tribunal for Scotland General Regulatory Chamber was brought into being by S.S.I. 2016/341.

(7)

2001 asp 2.

(8)

1984 c.27.

(9)

1984 c.27.