THE TRANSPORT TRIBUNAL RULES (S.I. 2000/3226)
3. The Committee draws the special attention of both
Houses to these Rules on the grounds that they are defectively
drafted, have not complied with the requirements of Statutory
Instrument Practice, and that their Explanatory Note was insufficiently
4. These Rules, which are made under paragraph 11(1)
of Schedule 4 to the Transport Act 1985, revoke and replace the
Transport Tribunal Rules 1986. They govern the procedure to be
followed where an application or appeal is made to the Transport
Tribunal in various cases. The Table of Arrangement for the Rules
follows the recital of powers although Statutory Instrument Practice
requires that it should precede the recital. The Committee asked
the Lord Chancellor's Department to explain this irregular order.
5. The Department, in its memorandum printed in Appendix
2, acknowledge the error and apologise to the Committee for having
overlooked the relevant section of Statutory Instrument Practice.
The Committee accordingly reports the Rules for not having properly
complied with Statutory Instrument Practice.
6. Rule 13(1) of the Transport Tribunal Rules requires
the secretary "upon receipt of the details to be provided
under rule 15(1)(d)" to send a copy of the notice of appeal
toamongst othersthe traffic commissioner. Rule 15(1)(d)
requires the traffic commissioner "upon receipt of a copy
of notice of appeal" to send to the Tribunal certain documentation.
The Committee asked the Department to explain how these provisions
are intended to inter-relate. In its memorandum the Department
accepts that as currently drafted these provisions cannot inter-relate
as intended, admits and apologises for its error. It intends to
amend the Rules at the earliest possible opportunity. The Committee
accordingly reports the provisions for defective drafting, as
acknowledged by the Department.
7. The Explanatory Note accompanying the instrument
is brief and explains the applications of the various rules by
terse reference to various pieces of primary legislation. The
Committee asked the Department why the Explanatory Notes contained
no clear statement of the substance and purpose of the instrument.
The Department accepts that the Explanatory Note was not sufficiently
informative, and a more satisfactory version of the Note which
it supplied to the Committee is printed in its memorandum at Appendix
2. The Committee therefore reports the Rules for having an insufficiently
informative Explanatory Note.