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PART VMiscellaneous and Supplementary

Appeals to the Secretary of State

51Further appeals on points of law

(1)An appeal lies at the instance of any of the persons mentioned in subsection (2) below on any point of law arising from a decision of the Secretary of State on an appeal from a decision of the traffic commissioners for any area—

(a)to the High Court where the proceedings before the traffic commissioners were in England or Wales; and

(b)to the Court of Session where the proceedings before the traffic commissioners were in Scotland.

(2)The persons who may appeal against any such decision of the Secretary of State are—

(a)the person who appealed to the Secretary of State,

(b)any person who had a right to appeal to the Secretary of State against the relevant decision of the traffic commissioners but did not exercise that right; and

(c)the traffic commissioners whose decision was appealed against

(3)If on an appeal under this section the High Court or Court of Session is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Secretary of State with the opinion of the court for rehearing and determination by him.

(4)No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.

(5)An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the House of Lords determine.