The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals (Rules of Procedure) Regulations 2020

Made: 24th March 2020

Coming into force: 1st April 2020

In accordance with section 79(2)(d) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

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• (1) These Regulations may be cited as the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals (Rules of Procedure) Regulations 2020 and the Rules set out in the schedule may be cited as the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals Rules of Procedure 2020.

• (2) These Regulations come into force on 1 April 2020.

Application of the Rules set out in the schedule

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The Rules in the schedule apply to proceedings before the First-tier Tribunal for Scotland General Regulatory Chamber when exercising the functions conferred on it by—

• (a) regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020,

• (b) regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020, and

• (c) regulations 2 to 4 of the First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023.

SCHEDULE — THE FIRST-TIER TRIBUNAL FOR SCOTLAND GENERAL REGULATORY CHAMBER PARKING AND BUS LANE APPEALS RULES OF PROCEDURE 2020

Interpretation

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In these Rules—

• “the 1991 Act” means the Road Traffic Act 1991[^f00005],

• “the 2011 Regulations” means the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011[^f00006],

• “the 2014 Act” means the Tribunals (Scotland) Act 2014[^f00007],

• “the 2019 Act” means the Transport (Scotland) Act 2019,

• “the 2021 Regulations” means the Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021,

• “the 2022 Workplace Regulations” means the Workplace Parking Licensing (Scotland) Regulations 2022,

• “appeal” means an appeal under—section 72 (appeals to parking adjudicator in relation to decisions under section 71) or paragraph 5 of schedule 6 (parking penalties) of the 1991 Act,regulation 12 (appeal against a charge notice) of the 2011 Regulations,regulation 10 (appeal to the First-tier Tribunal) of the 2021 Regulations,regulation 32 (appeal to the First-tier Tribunal) of the 2022 Workplace Regulations,any regulations made under section 59 (enforcement of parking prohibitions) of the 2019 Act,

• “appellant” means the person bringing the appeal,

• “authorised representative” means a person who is entitled to sign documents on behalf of the appellant and to send and receive documents on the appellant’s behalf,

• “bus lane case” means proceedings before the First-tier Tribunal when exercising functions transferred to it by regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020,

• “bus lane charge notice” means a charge notice as defined in regulation 8(1) of the 2011 Regulations,

• “case management system” means the electronic system used by the First-tier Tribunal in the management of parking cases, bus lane cases and low emission zone cases and to which parties may be permitted limited access via a secure, dedicated website to view case-specific information or submit documentation,

• “Chamber President” means the Chamber President of the First-tier Tribunal,

• “electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000[^f00008] and “electronic signature” has the same meaning as in section 7 of that Act[^f00009],

• “First-tier Tribunal” means the General Regulatory Chamber[^f00010] of the First-tier Tribunal for Scotland as defined by section 1(1) of the 2014 Act,

• “hearing” means an oral hearing and includes a form of hearing conducted in whole or in part by video link, telephone or other means of instantaneous multi-party electronic communication,

• “low emission zone case” means proceedings before the First-tier Tribunal when exercising functions allocated to it by regulation 2 of the First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023,

• “notice of rejection” means a notice served by the respondent authority under—subsection (6)(b) of section 71 (representations in relation to removal or immobilisation of vehicles) of the 1991 Act that they do not accept that a ground on which representations were made under that section has been established,paragraph 2(7) of schedule 6 (parking penalties) of the 1991 Act that they do not accept that a ground under that paragraph has been established,regulation 10(3) (response to representations) of the 2011 Regulations that they do not accept that a ground under that regulation has been established,regulation 9(3) (response to representations) of the 2021 Regulations that they do not accept that a ground on which representations were made under that regulation has been established,regulation 31(3) (response to representations) of the 2022 Workplace Regulations that they do not accept that a ground on which representations were made under that regulation has been established,any regulations made under section 59 of the 2019 Act,

• “original representations” means the representations made to the respondent authority under—section 71 (representations in relation to removal or immobilisation of vehicles) or paragraph 2 of schedule 6 (parking penalties) of the 1991 Act,regulation 9(1) (representations in respect of charges) of the 2011 Regulations,regulation 8(1) (representations in respect of penalty charges) of the 2021 Regulations,regulation 30(1) (representations in respect of penalty charges) of the 2022 Workplace Regulations,any regulations made under section 59 of the 2019 Act,

• “parking case” means proceedings before the First-tier Tribunal when exercising functions—transferred to it by regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020,allocated to it by regulation 3 or 4 of the First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023.

• “party” means the appellant or the respondent authority,

• “penalty charge notice” means—the notice issued under section 66 (parking penalties) of the 1991 Act,the notice issued under sections 7(3) (proving contraventions and issue of a penalty charge notice) or 58(2) (imposition of penalty charges) of the 2019 Act,the notice served under regulation 28(1) (penalty charge notices) of the 2022 Workplace Regulations;the notification (or notice) of a penalty charge issued under regulations made under section 59 of the 2019 Act,

• “proceedings” means proceedings before the First-tier Tribunal when convened to hear appeals,

• “register” means the register of appeals and decisions kept in accordance with rule 24 (the register), and

• “respondent authority” means—an approved local authority in terms of section 44(2) (civil penalties for bus lane contraventions) of the Transport (Scotland) Act 2001,in relation to a parking place which was provided or authorised under section 32(1) (power of local authorities to provide parking places) of the Road Traffic Regulation Act 1984, the local authority as defined by section 32(4)(a) of that Act in relation to the parking place,the relevant authority in respect of—a low emission zone scheme which was made or modified by a local authority under section 9 (power to make or modify a low emission zone scheme) of the 2019 Act,a workplace parking licensing scheme which was made or modified by a local authority under section 72 (power to make or modify schemes) of the 2019 Act, ora penalty charge notice issued by a local authority under section 58(2) (imposition of penalty charges) of the 2019 Act,in any other case, the traffic authority (other than the Scottish Ministers) as defined by section 121A of the Road Traffic Regulation Act 1984,

• “review” means the internal review provided for by section 43(1) of the 2014 Act, and

• “Upper Tribunal” means the Upper Tribunal for Scotland as defined by section 1(1) of the 2014 Act.

Overriding objective

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• (1) The overriding objective of the First-tier Tribunal is to deal with the proceedings fairly and justly.

• (2) Dealing with proceedings fairly and justly includes—

• (a) dealing with the proceedings in a manner which is proportionate to the complexity of the issues and the resources of the parties,

• (b) avoiding unnecessary formality and seeking flexibility in the proceedings,

• (c) ensuring, so far as practicable, that the parties are able to participate fully in proceedings,

• (d) using any special expertise of the First-tier Tribunal effectively, and

• (e) avoiding delay, so far as compatible with proper consideration of the issues.

• (3) The First-tier Tribunal must seek to give effect to the overriding objective when it—

• (a) exercises any power under these Rules, or

• (b) interprets any rule or practice direction.

• (4) In particular, the First-tier Tribunal must actively manage proceedings in accordance with the overriding objective.

Delegation to staff

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• (1) Staff of the Scottish Courts and Tribunals Service[^f00014] may, with the approval of the Chamber President, carry out functions of a judicial nature permitted or required to be undertaken by the First-tier Tribunal, provided the functions are of a preliminary or an incidental nature.

• (2) The approval referred to in paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.

Case management powers

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• (1) Subject to the provisions of the 2014 Act and these Rules, the First-tier Tribunal may regulate its own procedure.

• (2) The First-tier Tribunal may give an order in relation to the conduct or disposal of proceedings at any time, including an order amending, suspending or setting aside an earlier order.

• (3) In particular, and without restricting the general powers in paragraphs (1) and (2), the First-tier Tribunal may by order—

• (a) extend or shorten the time for complying with any rule, practice direction or order,

• (b) conjoin or hear together two or more sets of proceedings or parts of proceedings raising common issues,

• (c) permit or require a party to amend a document,

• (d) permit or require a party to provide documents, information, evidence or submissions to the First-tier Tribunal or a party,

• (e) deal with an issue in the proceedings as a preliminary issue,

• (f) hold a hearing to consider any matter, including a case management hearing,

• (g) decide the form of any hearing having considered both parties’ preferences,

• (h) adjourn or postpone a hearing,

• (i) with the agreement of both or all of the parties, bring forward a hearing,

• (j) require a party to produce a file of documents for a hearing,

• (k) sist proceedings, and

• (l) suspend the effect of its own decision pending the determination by the First-tier Tribunal or the Upper Tribunal, as the case may be, of an application for permission to appeal against, and any appeal or review of, that decision.

Dismissal of a case

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• (1) The First-tier Tribunal must dismiss the whole or a part of the proceedings if—

• (a) the First-tier Tribunal does not have jurisdiction in relation to the proceedings or that part of them,

• (b) the appellant has failed to comply with an order which stated that failure by the appellant to comply with the order could lead to the dismissal of the proceedings or part of them, or

• (c) the appellant has failed to co-operate with the First-tier Tribunal to such an extent that the First-tier Tribunal cannot deal with the proceedings fairly and justly.

• (2) The First-tier Tribunal may dismiss the whole or a part of the proceedings if the First-tier Tribunal considers there is no reasonable prospect of the appellant’s case, or part of it, succeeding.

• (3) The First-tier Tribunal may not dismiss the whole or a part of the proceedings under paragraphs (1) or (2) without first giving the appellant an opportunity to make representations in relation to the proposed dismissal.

Notice of appeal

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• (1) An appeal to the First-tier Tribunal is to be made by giving written notice in accordance with the following paragraphs.

• (2) A notice of appeal must include—

• (a) the full name and address of the appellant,

• (b) the full name and address of any authorised representative,

• (c) any other specified address as being the address of the appellant for receipt of any documents from the First-tier Tribunal in connection with the appeal,

• (d) the date and reference number of the notice of rejection,

• (e) any additional representations on any of the statutory grounds of appeal which the appellant wishes to make (but need not include the original representations),

• (f) the name of the respondent authority,

• (g) a statement that the notice is a notice of appeal, and

• (h) the signature of the appellant or the authorised representative.

• (3) A notice of appeal is to be received by the First-tier Tribunal within the period of 28 days beginning with the date of service by the respondent authority of a notice of rejection on the appellant.

• (4) If the appellant sends the notice of appeal after the end of the 28-day period in paragraph (3), the notice of appeal must include a statement of the reasons on which the appellant relies for justifying the delay, and the First-tier Tribunal must treat any such statement as a request for extending that time limit.

Confirmation of receipt of appeal by the First-tier Tribunal

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• (1) Within 14 days of receipt of the notice of appeal, the First-tier Tribunal must—

• (a) send an acknowledgement of receipt of the notice of appeal to the appellant,

• (b) enter the particulars of the appeal in the register, and

• (c) send to the respondent authority a copy of the notice of appeal and any order extending the time limit for appealing.

• (2) Upon receiving a copy of the notice of appeal in accordance with paragraph (1)(c), the respondent authority must within 21 days—

• (a) send to the First-tier Tribunal a copy of—

• (i) the original representations,

• (ii) the penalty charge notice or the bus lane charge notice, and

• (iii) the notice of rejection, and

• (b) notify the First-tier Tribunal as to the respondent authority’s preferred form for a hearing or, if no preference, notification of such, and

• (c) send to the appellant—

• (i) notification that the documents set out in paragraph 7(2)(a) are available to view electronically through the case management system, or

• (ii) in cases where the appellant is not conducting the appeal through the case management system, a paper copy of those documents.

• (3) Upon receiving a copy of the documents in paragraph (2)(a), the First-tier Tribunal must within 14 days invite the appellant’s views as to the appellant’s preferred form for a hearing.

Withdrawal of appeal

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• (1) The appellant may withdraw the appeal—

• (a) at any time before the hearing of the appeal by sending a notice of withdrawal in writing to the First-tier Tribunal, or

• (b) at the hearing of the appeal.

• (2) Where an appeal is withdrawn, no further appeal may be made in relation to the same matter.

Further representations

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• (1) Either party to an appeal may send representations to the First-tier Tribunal at any time before that appeal is determined.

• (2) The First-tier Tribunal may invite either party to send to the First-tier Tribunal representations dealing with any matter relating to an appeal within such time, and in such a manner, as may be specified.

• (3) Where a party fails to respond to an invitation under paragraph (2), the First-tier Tribunal may draw such inferences as appear to it proper.

• (4) Any representations sent under this rule must be signed by the party concerned or the authorised representative.

• (5) Where the appellant sends representations to the First-tier Tribunal under this rule, the First-tier Tribunal must thereafter send, or make electronically available, a copy of the representations to the respondent authority.