The Deregulation (Model Appeal Provisions) Order 1996

PART I INTRODUCTION

Interpretation

1.  The following definitions apply where, by virtue of any provision in any enactment, the Rules in this Chapter have effect in relation to appeals against the taking of enforcement action under any enactment—

“the Authority” means the person taking the enforcement action in question;

“the Chairman” means the person appointed to be Chairman of the tribunal in relation to an appeal under these Rules;

“costs”, in relation to Scottish proceedings, means “expenses”;

“disputed action” means the enforcement action taken by the Authority against which an appeal is made under these Rules;

“document” includes information recorded in writing or any other form;

“enforcement action” has the same meaning as in section 5 of the Deregulation and Contracting Out Act 1994(1);

“the Registrar” means the person appointed under rule 2 to be Registrar of tribunals;

“the responsible Minister” means the Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975(2)) responsible for the subject matter of the enforcement action in question (and in any case where two or more Ministers share such responsibility, means those Ministers acting together);

“Scottish proceedings” means proceedings in relation to an appeal which relates to matters arising in Scotlan;,

“the tribunal” means a particular tribunal established for the purposes of deciding an appeal under these Rules.

The Registrar and the name and address of the tribunal

2.—(1) Where, by virtue of any provision in any enactment, these Rules come into effect in relation to appeals against the taking of enforcement action under any enactment, the responsible Minister must as soon as practicable after such coming into effect—

(a) appoint a person having a seven year general qualification within the meaning of section 71 of the Courts And Legal Services Act 1990(3), or a solicitor or advocate of seven years standing, to be Registrar of tribunals established for the purpose of hearing such appeals; and

(b) publish in such manner as he thinks appropriate the name and the address of such tribunals and, if there is more than one address, indicate which address applies in which cases.

(2) The terms and conditions on which the Registrar is appointed, including those concerning remuneration and allowances, shall be determined by the responsible Minister.

(3) The Registrar shall have the functions conferred on him by these Rules, and must carry out his functions in relation to each appeal under these Rules in co-operation with the Chairman, and generally carry out his functions with a view to ensuring that appeals to tribunals established under these Rules are conducted as fairly, efficiently and economically as possible.

(4) The Registrar may, with the approval of the responsible Minister, appoint such staff as he may determine, and may determine the terms and conditions on which they are appointed.

(5) Any function of the Registrar in relation to a particular appeal, other than his functions under rule 15, may be performed on his behalf by any other member of his staff whom he may authorise for the purpose, and references to the Registrar shall be construed accordingly.

(1)

1994 c. 40.

(2)

1975 c. 26.

(3)

1990 c. 41.