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Tribunals (Scotland) Act 2014

Particular matters
Section 71 – Proceedings and steps

223.Sections 71 to 73 set out specific matters on which Tribunal Rules may make provision.

224.Section 71 allows Tribunal Rules to make provision for the purpose of proceedings in a case before the Tribunals, including as to the form and manner in which a case is to be brought before them, withdrawal of a case, whether or not two or more applications can be conjoined, time limits for making a referral of a matter to the Scottish Tribunals for decision or for taking steps as part of the proceedings, and circumstances in which the Tribunals may act of their own initiative.

Section 72 – Hearings in cases

225.Section 72 allows Tribunal Rules to make provision about hearings, including as to when matters can be dealt with without one, whether a hearing is to be held in private or public, appearance and representation at hearings, notice of hearings, whether two or more sets of proceedings can be taken concurrently, adjournment with a view to resolution, and the imposition of reporting restrictions.

Section 73 – Evidence and decisions

226.Section 73 allows Tribunals Rules to make provision about evidence given before the Scottish Tribunals, including as to the administering of oaths and presumptions to apply, and about their decisions (for example, how they are recorded and published).

227.Sections 11(1)(b) and (2)(b) (authority under regulations), 28(3) (transfer-in of functions), 43(3) (review of decisions), 59(2) (additional matters), 61(2) (venue for hearings), 62(1) (conduct of cases), 63(1) (enforcement of decisions) and 64(1) and (3) (award of expenses) also deal with matters on which Tribunal Rules may make provision.

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