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SCHEDULES

SCHEDULE 4E+W+S Constitution, Powers and Proceedings of the Transport Tribunal

AppealsE+W+S

14(1)Subject to sub-paragraphs (2) and (3) below, an appeal shall lie in accordance with rules made by the [F1Lord Chancellor] from the tribunal to the Court of Appeal or to the Court of Session.E+W+S

(2)No appeal shall lie from the tribunal upon a question of fact or locus standi.

(3)An appeal shall not be brought except in conformity with such rules of court as may from time to time be made in relation to such appeals by the authority having power to make rules of court for the Court of Appeal or the Court of Session (as the case may be).

(4)On the hearing of an appeal the Court of Appeal and the Court of Session may draw all such inferences as are not inconsistent with the facts expressly found and are necessary for determining the question of law, and may make any order which the tribunal could have made, and also any such further or other order as may be just.

(5)The costs of and incidental to an appeal shall be at the discretion of the Court, but neither the tribunal nor any member of the tribunal shall be liable to any costs by reason or in respect of any appeal.

(6)Subject to sub-paragraph (7) below, the decision of the Court of Appeal or the Court of Session (as the case may be) shall be final.

(7)Where there has been a difference of opinion between those Courts, either of those Courts in which a matter affected by such a difference of opinion is pending may give leave to appeal to the [F2Supreme Court] on such terms as to costs as [F2the Court of Appeal or Court of Session (as the case may be)] shall determine.

Textual Amendments

F1Words substituted by S.I. 1989/495, art. 2(1)(2)

Modifications etc. (not altering text)

C1Functions transferred to the Lord Chancellor by S.I. 1989/495, art. 2(1)(2)