Search Legislation

Tribunals (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

PART 2Fitness and removal

Application of Part

11(1)This schedule Part applies in relation to the ordinary members and legal members of the Scottish Tribunals (but not the judicial members of the Tribunals).

(2)The references in this schedule Part to a member of or position in the Scottish Tribunals are to be read accordingly.

12In this schedule Part, the references to unfitness to hold the position of member of the Scottish Tribunals are to unfitness by reason of inability, neglect of duty or misbehaviour.

Constitution and procedure

13(1)The First Minister must constitute a fitness assessment tribunal when requested to do so by the Lord President.

(2)The First Minister may constitute a fitness assessment tribunal—

(a)in such other circumstances as the First Minister thinks fit, and

(b)following consultation with the Lord President.

(3)The function of a fitness assessment tribunal is to investigate and report on whether a member of the Scottish Tribunals is unfit to hold the position of member of the Tribunals.

14The Court of Session may by act of sederunt make provision as to the procedure to be followed in proceedings at a fitness assessment tribunal.

Composition and remuneration

15(1)A fitness assessment tribunal is to consist of—

(a)one person who is, or has been—

(i)a judge of the Court of Session (except a temporary judge), or

(ii)a sheriff (except a part-time sheriff),

(b)one person who is—

(i)where the member under investigation is an ordinary member, another ordinary member, or

(ii)where the member under investigation is a legal member, another legal member, and

(c)one person who does not fall (and has never fallen) within a category of person who may be a member of the tribunal by virtue of sub-paragraph (a) or (b).

(2)The selection of persons to be members of the tribunal is to be made by the First Minister with the agreement of the Lord President.

16(1)The Scottish Ministers—

(a)must pay such expenses as they consider are reasonably required to be incurred to enable a fitness assessment tribunal to carry out its functions,

(b)may pay such remuneration to, and expenses of, any member of such a tribunal as they think fit.

(2)Sub-paragraph (1)(b) does not apply in relation to such a member if the member is a sheriff or a judge of the Court of Session.

Proceedings before tribunal

17(1)A fitness assessment tribunal may require any person—

(a)to attend its proceedings for the purpose of giving evidence,

(b)to produce documents in the person’s custody or under the person’s control.

(2)A person on whom such a requirement is imposed is not obliged to answer any question or produce any document which the person would be entitled to refuse to answer or produce in a court of law in Scotland.

18(1)Sub-paragraph (2) applies where a person on whom a requirement has been imposed under paragraph 17(1)—

(a)refuses or fails, without reasonable excuse—

(i)to comply with the requirement,

(ii)while attending the tribunal proceedings to give evidence, to answer any question,

(b)deliberately alters, conceals or destroys any document which the person is required to produce.

(2)The Court of Session may, on an application made to it by the tribunal—

(a)make such order for enforcing compliance or otherwise as it thinks fit, or

(b)deal with the matter as if it were a contempt of the Court.

Suspension during investigation

19(1)Sub-paragraph (2) applies if the Lord President requests the First Minister to constitute a fitness assessment tribunal to investigate whether a member of the Scottish Tribunals is unfit to hold the position of member of the Tribunals.

(2)The Lord President may suspend the member from the position at any time before the tribunal submits its report as required by paragraph 22(2).

(3)Suspension under sub-paragraph (2) lasts until (whichever is earlier)—

(a)the Lord President revokes it, or

(b)the report is laid as required by paragraph 22(3).

20(1)Sub-paragraph (2) applies if a fitness assessment tribunal—

(a)recommends that a member of the Scottish Tribunals who is subject to its investigation should be suspended from the position as member of the Tribunals, and

(b)does so in writing at any time before the tribunal submits its report as required by paragraph 22(2).

(2)The First Minister may suspend the member from the position at any time before laying the report as required by paragraph 22(3).

(3)Suspension under sub-paragraph (2) lasts until (whichever is earlier)—

(a)the First Minister revokes it, or

(b)the report is laid as required by paragraph 22(3).

21Suspension under paragraph 19(2) or 20(2) does not affect any remuneration payable to, or in respect of, the member concerned during the period of suspension.

Report and removal

22(1)A report by a fitness assessment tribunal must—

(a)be in writing, and

(b)contain reasons for its conclusions.

(2)As soon as reasonably practicable after it is completed, such a report must be submitted by the tribunal to—

(a)the First Minister, and

(b)the Lord President.

(3)The First Minister must lay before the Scottish Parliament each report submitted under sub-paragraph (2).

23(1)If the relevant condition is met, the First Minister may remove a member of the Scottish Tribunals from the position of member of the Tribunals.

(2)The relevant condition is that a fitness assessment tribunal has submitted a report under paragraph 22(2) concluding that the member is unfit to hold the position of member of the Scottish Tribunals.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources