Citation and commencement

1. These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2012 and come into force—

(a) for the purposes of rules 2 and 3, on 1st September 2012;

(b) for all other purposes, on 1st July 2012.

Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

2. The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008( 2 ) are amended as follows.

3. In paragraph (1) of rule 21 (the response)—

(a) in sub-paragraph (c), after “in schools case” insert “to which sub-paragraph (cc) does not apply”;

(b) at the end of sub-paragraph (c) insert a new sub-paragraph—

“ (cc) in a disability discrimination in schools case that includes a claim for the reinstatement of a child who has been permanently excluded, within 15 working days after the respondent received the application notice; ” .

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

4. The Tribunal Procedure (Upper Tribunal) Rules 2008( 3 ) are amended as follows.

5. In paragraph (3) of rule 1 (interpretation etc)—

(a) in the definition of “appropriate national authority” after “Scottish Ministers” insert “, the Department of the Environment in Northern Ireland”;

(b) for the definition of “authorised person” substitute—

“ “ authorised person ” means—

and includes a person acting under the direction of such an examiner or other authorised person, who has detained the vehicle to which an appeal relates; ”

(c) in the definition of “respondent”, for “against any other decision except a decision of a traffic commissioner” substitute “other than a road transport case”;

(d) before the definition of “tribunal” insert—

“ “ road transport case ” means an appeal against a decision of a traffic commissioner or the Department of the Environment in Northern Ireland; ” .

6. In paragraph (3) of rule 20A (procedure for applying for a stay of a decision pending an appeal)( 7 )—

(a) in the first line, for “for a stay of a decision of a traffic commissioner” substitute “in a road transport case”;

(b) for each reference to “traffic commissioner” in sub-paragraphs (a) and (b), substitute “decision maker”.

7. In paragraph (6) of rule 23 (notice of appeal), for sub-paragraph (b) substitute—

“ (b) in a road transport case, to—

(i) the decision maker;

(ii) the appropriate national authority; and

(iii) in a case relating to the detention of a vehicle, the authorised person ” .

8. In paragraph (1) of rule 24 (response to the notice of appeal), for “an appeal against a decision of a traffic commissioner” substitute “a road transport case”.

9. In Schedule 1 (procedure after the notice of appeal in appeals against decisions of traffic commissioners)—

(a) in the heading for “appeals against decisions of traffic commissioners” substitute “road transport cases”;

(b) in paragraph 1, for “an appeal against the decision of a traffic commissioner” substitute “road transport cases”;

(c) in paragraph 3, for each reference to “traffic commissioner” and “traffic commissioner’s”, substitute “decision maker” and “decision maker’s” respectively;

(d) for paragraph 3(d), substitute—

“ (d) in an appeal under—

(i) section 50 of the Public Passenger Vehicles Act 1981 ( 8 ) or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995 ( 9 ) , or

(ii) section 35 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010,

a list of the names and addresses of objectors and representors. ” ;

(e) in paragraph 4—

(i) in sub-paragraph (b)—

(aa) before “each” insert “to”, and

(bb) at the end of that sub-paragraph omit “and”;

(ii) after sub-paragraph (c), insert—

“ (d) in an appeal under section 35(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, to each person who made representations under section 11(4) or 18(2) of that Act. ” ;

(f) in paragraph 10, for “traffic commissioner” substitute “decision maker”.