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Tribunals (Scotland) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Tribunals (Scotland) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Overview of the Act

  4. Commentary on Sections

    1. Part 1 – The Scottish Tribunals

      1. Establishment and Leadership

        1. Section 1 – Establishment of the Tribunals

        2. Section 2 – Head of the Tribunals

        3. Section 3 – Upholding independence

        4. Sections 4 and 5 – President of the Tribunals

      2. Overarching Responsibilities

        1. Section 6 – Representation of interests

        2. Section 7 – Business arrangements

        3. Section 8 – Delegation of functions

        4. Section 9 – Directions on functions

        5. Section 10 – Authority under regulations

        6. Section 11 – Consultation on regulations

        7. Section 12 – Principle to be observed

    2. Part 2 – Organisational Arrangements

      1. Membership types

        1. Section 13 – Overview of membership

        2. Section 14 – Capacity of members

        3. Section 15 – First-tier members

        4. Section 16 – Upper members

      2. Judiciary eligible to sit

        1. Section 17 – Sheriffs and judges

        2. Section 18 – Authorisation of others

        3. Section 19– Judicial membership

      3. Structure of the First-tier Tribunal

        1. Section 20 – Chambers in the Tribunal

        2. Section 21 – Chamber Presidents

        3. Section 22 – Appointment to post

      4. Structure of the Upper Tribunal

        1. Section 23 – Divisions of the Tribunal

        2. Section 24 – Vice-Presidents

        3. Section 25 – Assignment to post

        4. Section 26 – Appointment to post

    3. Part 3 – Transfer-In From Listed Tribunals

      1. Section 27 and schedule 1 – Listed tribunals

      2. Section 28 – Transfer-in of functions

      3. Section 29 and schedule 2 – Transfer-in of members

      4. Conferral of functions by another Act

        1. Section 30 - Accommodation of functions

        2. Section 31 – Redistribution of functions

    4. Part 4 – More About Membership Etc.

      1. Appointment and assignment

        1. Section 32 – Scheduled provisions

        2. Schedule 3 – Appointment to First-tier Tribunal

          1. Schedule Part 1 – Ordinary members

          2. Schedule Part 2 – Legal members

        3. Schedule 4 – Positions in the First-tier Tribunal

          1. Schedule Part 1 – Deputy or Temporary President

            1. Deputy President

            2. Temporary President

          2. Schedule Part 2 – Assignment internally

        4. Schedule 5 – Appointment to Upper Tribunal

          1. Schedule Part 1 – Ordinary members

          2. Schedule Part 2 – Legal members

        5. Schedule 6 – Positions in Upper Tribunal

          1. Schedule Part 1 – Temporary Vice-President

          2. Schedule Part 2 – Assignment internally

        6. Section 33 – Assignment Policy

      2. Training conditions and conduct

        1. Section 34 – Training and review

        2. Section 35 and schedule 7 – Conditions of membership

      3. Initial period of office

      4. Reappointment

      5. Termination of appointment

      6. Oaths

      7. Pensions

      8. Other conditions

        1. Section 36 and schedule 8 – Conduct and fitness

      9. Conduct and discipline

      10. Fitness and removal

    5. Decisions in First-tier Tribunal

      Part 5 – Decision-Making and Composition

      1. Section 37 – Decisions in the Tribunal

      2. Section 38 – Composition of the Tribunal

      3. Decisions in Upper Tribunal

        1. Section 39– Decisions in the Tribunal

        2. Section 40 – Composition of the Tribunal

      4. Voting where two or more members

        1. Section 41 – Voting for Decisions

        2. Section 42 – Chairing Members

    6. Part 6 – Review or Appeal of Decisions

      1. Internal review

        1. Section 43 – Review of decisions

        2. Section 44 – Actions on review

        3. Section 45 – Review only once

      2. Appeal from First-tier Tribunal

        1. Section 46 – Appeal from the Tribunal

        2. Section 47 – Disposal of an appeal

      3. Appeal from Upper Tribunal

        1. Section 48 – Appeal from the Tribunal

        2. Section 49 – Disposal of an appeal

        3. Section 50 – Procedure on second appeal

      4. Excluded decisions

        1. Section 51  – Excluded decisions

        2. Section 52 – Decisions on review

        3. Section 53 – Other appeal rights

        4. Section 54 – Position on transfer-in

      5. Miscellaneous procedure

        1. Section 55 – Process for permission

        2. Section 56 – Participation of non-parties

      6. Special jurisdiction

        1. Section 57 – Judicial review cases

        2. Section 58 – Decision on remittal

        3. Section 59 – Additional matters

        4. Section 60 – Meaning of judicial review

    7. Part 7 – Powers, Procedure and Administration

      1. Cases and proceedings

        1. Section 61 – Venue for hearings

        2. Section 62 – Conduct of cases

        3. Section 63 – Enforcement of decisions

        4. Section 64 – Award of expenses

      2. Supplementary provisions

        1. Section 65 – Additional powers

        2. Section 66 – Application of enactments

        3. Section 67 – Offences in relation to proceedings

      3. Practice and procedure

        1. Tribunal Rules

          1. Section 68 – Tribunal rules

          2. Section 69 – Exercise of functions

          3. Section 70 – Extent of rule-making

        2. Particular matters

          1. Section 71 – Proceedings and steps

          2. Section 72 – Hearings in cases

          3. Section 73 – Evidence and decisions

        3. Issue and directions

          1. Section 74 – Practice directions

          2. Section 75 – Publication and effect

      4. Fees and administration

        1. Section 76 – Tribunal fees

        2. Section 77 – Administrative support

        3. Section 78 – Annual reporting

    8. Part 8 – Final Provisions

      1. General and ancillary

        1. Section 79– Regulation-making

        2. Section 80 – Ancillary regulations

        3. Section 81 and schedule 9 – Transitional and consequential

      2. Transitional and other matters

      3. Consequential modifications

      4. Interpretation, commencement and short title

        1. Section 82 and schedule 10 – Interpretation

        2. Section 83 – Commencement

  5. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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