3.—(1) These Rules apply to appeals under section 48 of the 1998 Act, section 57 of the 2000 Act, and section 57 of the 2000 Act as applied, as modified, by regulation 18 of the 2004 Regulations and the provisions of these Rules are to be construed accordingly.
(2) In these Rules—
“the 1998 Act” means the Data Protection Act 1998;
“the 2000 Act” means the Freedom of Information Act 2000(1);
“the 2004 Regulations” means the Environmental Information Regulations 2004(2);
“appeal” means an appeal under—
section 48 of the 1998 Act,
section 57 of the 2000 Act, or
section 57 of the 2000 Act as applied, as modified, by regulation 18 of the 2004 Regulations,
as the case may be;
“appellant” means—
a person who brings or intends to bring an appeal under section 48 of the 1998 Act, or
a complainant who, or a public authority which brings, or intends to bring, an appeal under section 57(1) of the 2000 Act or section 57(1) of the 2000 Act as applied, as modified, by regulation 18 of the 2004 Regulations, or
a public authority which brings or intends to bring an appeal under section 57(2) of the 2000 Act or section 57(2) of the 2000 Act as applied, as modified, by regulation 18 of the 2004 Regulations,
as the case may be;
“chairman” means the chairman of the Tribunal, and includes a deputy chairman of the Tribunal presiding or sitting alone;
“costs”—
except in Scotland, includes fees, charges, disbursements, expenses and remuneration;
in Scotland means expenses, and includes fees, charges, disbursements and remuneration;
“disputed decision” means—
in relation to an appeal under section 48 of the 1998 Act other than an appeal under section 48(3)(b) of that Act, the decision of the Commissioner,
in relation to an appeal under section 48(3)(b) of the 1998 Act, the effect of a decision of the Commissioner, and
in relation to an appeal under section 57 of the 2000 Act or section 57 as applied, as modified, by regulation 18 of the 2004 Regulations, the decision of the Commissioner,
against which the appellant appeals or intends to appeal to the Tribunal, as the case may be;
“hearing” means a sitting of the Tribunal for the purposes of enabling the Tribunal to take a decision on an appeal, or on any matter raised in relation to an appeal, at which the parties are entitled to attend and be heard;
“party” has the meaning given in paragraph (3) below; and
“proper officer” in relation to a rule means an officer or member of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the 1998 Act and appointed by the chairman to perform the duties of a proper officer under that rule.
(3) In these Rules, “party” means the appellant, or the Commissioner, or a person joined to an appeal in accordance with rule 7 below and, except where the context otherwise requires, references in these Rules to a party (including a reference in rule 15 below) include a person appointed under rule 19(1) to represent his interests.
(4) In relation to proceedings before the Tribunal in Scotland, for the words “on the trial of an action” in rules 14(5), 15(8) and 27(2) below there is substituted “in a proof”.
(5) Appeals brought before 1st January 2005 shall be determined in accordance with the Data Protection Tribunal (Enforcement Appeals) Rules 2000 and the Information Tribunal (Enforcement Appeals) (Amendment) Rules 2002.
S.I. 2004/xxxx.