The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009

Article 4(2)

SCHEDULE 2Consequential provisions – secondary legislation

This schedulenoteType=Explanatory Memorandum has no associated

Department of Transport (Fees) Order 1988

1.  In paragraph 1 of Schedule 2 to the Department of Transport (Fees) Order 1988(1) omit “the Transport Tribunal,”.

Goods Vehicles (Community Authorisations) Regulations 1992

2.  In regulation 6(b)(i) of the Goods Vehicles (Community Authorisations) Regulations 1992(2) (rights of appeal) for “Transport Tribunal” substitute “Upper Tribunal”.

Public Service Vehicles (Community Licences) Regulations 1999

3.  The Public Service Vehicles (Community Licences) Regulations 1999(3) are amended as follows.

4.  In regulation 2(2) (interpretation) omit the definition for “Transport Tribunal”.

5.  In regulation 6 (rights of appeal) for “Transport Tribunal” substitute “Upper Tribunal”.

Road Transport (Passenger Vehicles Cabotage) Regulations 1999

6.  In regulation 6(2) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999(4) (appeals) for “Transport Tribunal” substitute “Upper Tribunal”.

Goods Vehicles (Enforcement Powers) Regulations 2001

7.  The Goods Vehicles (Enforcement Powers) Regulations 2001(5) are amended as follows.

8.  In regulation 13 (appeals from a determination of a traffic commissioner to the Transport Tribunal)—

(a)in the heading and paragraph (1) for “Transport Tribunal” substitute “Upper Tribunal”; and

(b)omit paragraph (2).

9.  In regulation 14 (return of a vehicle detained) for “Transport Tribunal”, in each place, substitute “Upper Tribunal”.

10.  In regulation 15(1)(b) (disposal of vehicles) for “Transport Tribunal” substitute “Upper Tribunal”.

Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

11.  In regulation 6A of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(6) (appeals)—

(a)in paragraph (1) for “by notice in writing” to the end substitute “appeal to the First-tier Tribunal”.; and

(b)in paragraph (2)—

(i)for “Transport Tribunal” substitute “First-tier Tribunal”; and

(ii)for “they think” substitute “it thinks”.

European Communities (Recognition of Professional Qualifications) Regulations 2007

12.  In Schedule 5 to the European Communities (Recognition of Professional Qualifications) Regulations 2007(7) (appeal bodies) for “Transport Tribunal” substitute “First-tier Tribunal”.

Department for Transport (Fees) Order 2009

13.  For paragraph 10 of Schedule 1 to the Department for Transport (Fees) Order 2009(8) substitute—

10.  The functions of the Secretary of State or the traffic commissioners, in providing assistance and support generally to the Transport Tribunal, the First-tier Tribunal or the Upper Tribunal and in providing assistance and support in relation to any appeal before the Transport Tribunal, the First-tier Tribunal or the Upper Tribunal..

(6)

S.I. 2007/605. Regulation 6A was inserted by regulation 9 of the Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008 (S.I. 2008/1965).