The Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024

Regulation 4

SCHEDULE 2 Consequential amendments

Transport (Scotland) Act 2001

1.—(1) The Transport (Scotland) Act 2001 is amended in accordance with sub-paragraph (2).

(2) In section 39 (penalties)—

(a) after subsection (5) insert—

“(5A) Any operator on whom a penalty has been imposed under any paragraph of subsection (1) above except paragraph (d) may appeal to the Upper Tribunal for Scotland against the imposition of the penalty.

(5B) On an appeal under subsection (5A), the Upper Tribunal may—

(a) dismiss the appeal, or

(b) allow the appeal and quash the imposition of the penalty.

(5C) If the Upper Tribunal quashes the imposition of the penalty, it must—

(a) reconsider the matter itself and may impose a penalty on the operator if satisfied that the operator has, without reasonable excuse, behaved as mentioned in the paragraph of subsection (1) under which the traffic commissioner imposed the penalty on the operator, or

(b) remit the matter to the traffic commissioner to make a new decision as to whether to impose a penalty under subsection (1).

(5D) The Upper Tribunal may make such other order on an appeal under subsection (5A) as it considers appropriate.

(5E) When considering an appeal under subsection (5A), including any reconsideration of the matter under subsection (5C)(a), the Upper Tribunal may not take into consideration any circumstances which did not exist at the time of the decision to impose the penalty which is the subject of the appeal.

(5F) Subsections (3) and (4) apply to the imposition of a penalty by the Upper Tribunal under subsection (5C)(a) as they apply to the imposition of a penalty by the traffic commissioner under subsection (1).

(5G) The traffic commissioner must give notice in writing to the Scottish Ministers where a penalty has been quashed or imposed by—

(a) the Upper Tribunal under—

(i) subsection (5B) or (5C)(a), or

(ii) section 44 of the Tribunals (Scotland) Act 2014 (“the 2014 Act”) in a review of a decision under subsection (5B) or (5C), or

(b) the Court of Session under section 49 of the 2014 Act on an appeal against a decision under—

(i) subsection (5B) or (5C), or

(ii) section 44 of the 2014 Act in a review of a decision under subsection (5B) or (5C).”, and

(b) in subsection (6), for “(1)” substitute “(1)(d)”.