Further Appeals on Points of Law

Transport Bill – in the House of Commons at 12:45 am on 25th June 1980.

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Lords amendment: No. 38, after clause 26, in pare 27, line 26, at end insert—

  1. (1) An appeal lies at the instance of any of the persons mentioned in subsection (2) on any point of law arising from a decision of the Minister on an appeal from a decision of the traffic commissioners for any area—
    1. (a) to the High Court where the proceedings before the traffic commissioners were in England and Wales; and
    2. (b) to the Court of Session where the proceedings before the traffic commissioners were Scotland.
  2. (2) The persons who may appeal against any such decision of the Minister are—
    1. (a) the person who appealed to the Minister;
    2. (b) any person who had a right to appeal to the Minister against the relevant decision of the traffic commissioners but did not exercise that right; and
    3. (c) the traffic commissioners whose decision was appealed against.
  3. (3) If on an appeal under this section the High Court or Court of Session is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Minister with the opinion of the court for rehearing and determination by him.
  4. (4) No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.
  5. (5) An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the House of Lords determine.

Photo of Kenneth Clarke Kenneth Clarke Parliamentary Secretary (Ministry of Transport)

I beg to move That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker:

With this we may take Lords amendments Nos. 43, 108, 113 and 131.

Photo of Kenneth Clarke Kenneth Clarke Parliamentary Secretary (Ministry of Transport)

These amendments deal with the position where there is a right of appeal to the High Court on a point of law from the Minister's decisions on bus licensing appeals. Originally it was proposed to rely on the rights set down in the Tribunals and Inquiries Act 1971, but appeals on traffic commissioners' cases are not wholly and satisfactorily dealt with by the Act.

It has been thought preferable to set out clearly in the Bill the right of appeal to the High Court on a point of law from a decision of the Minister against a judgment of the traffic commissioners, including a decision on an appeal against London Transport. Those appeals will only be on a point of law. If the appeals are successful, the High Court will have powers to give a ruling and remit the case to the Minister for him to make a further and correct decision.

Question put and agreed to.