Schedule 4 – The Scottish Courts and Tribunals Service
273.Section 130(3) introduces schedule 4 which relates to the SCTS.
Part 1 - Conferral of additional functions etc. in relation to tribunals
274.Paragraph 1 amends the relevant sections in the Judiciary and Courts (Scotland) Act 2008 to update references to the SCS to the SCTS. It also confers power on the merged organisation to provide and ensure the provision of property, services and staff as required for the Lord President and the President of the Scottish Tribunals in their tribunals roles. The default power of the Scottish Ministers to carry out the functions of the SCTS if they feel that the SCTS is failing to carry out its functions is extended to tribunals. Paragraph 1 of schedule 3 to the Judiciary and Courts (Scotland) Act 2008 is repealed as this provision has never been brought into force. The SCS was made an office-holder in the Scottish Administration by the Judiciary and Courts (Scotland) Act 2008 (Consequential Provisions and Modifications) Order 2009 (an order made under section 104 of the Scotland Act 1998) and so this provision is no longer required.
275.Paragraph 1 also amends the SCTS board structure to include membership for the President of the Scottish Tribunals and a Chamber President of the First-tier Tribunal for Scotland. The President of the Scottish Tribunals and Chamber President are roles created in the Tribunals (Scotland) Act 2014. Remuneration may be paid to the Chamber President in the First-tier Tribunal for Scotland unless that member is in receipt of a salary for holding that position. The Judiciary and Courts (Scotland) Act 2008 is also amended to allow the Scottish Ministers to transfer any property or liability in connection with the operation of the Scottish Tribunals to the SCTS.
Part 2 – Transitional provision
276.Paragraph 2 transfers those staff who work as part of the Scottish Tribunals Service to the SCTS.
277.Paragraph 3 creates a power to allow the SCTS to provide administrative support to the listed tribunals until such time as they are transferred-in to the Scottish Tribunals (the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland) as created in the Tribunals (Scotland) Act 2014. It also allows a current President of the named tribunals to sit on the board of the SCTS until such time as Chamber Presidents are in operation. The Scottish Ministers may by order add tribunals which are to be transferred-in to the Scottish Tribunals to the list of those to be administered in the interim by SCTS and add office-holders in those tribunals to the list of office-holder eligible to sit on the SCTS board (sub-paragraph (5)). Such an order is subject to the affirmative procedure by virtue of section 133(2)(a).
Part 3 – Consequential repeal, etc
278.The consequential repeals in Part 3 of schedule 4 concern standalone tribunals which are liable to transfer in to the general Scottish Tribunals structure under the Tribunals (Scotland) Act 2014.
Paragraph 4 - Lands Tribunal Act 1949
279.Paragraph 4 repeals the provision within the Lands Tribunal Act 1949 that requires the Scottish Ministers to provide administrative support for the Lands Tribunal.
Paragraph 5 – Mental Health (Care and Treatment) (Scotland) Act 2003
280.Paragraph 5 repeals the provision within the Mental Health (Care and Treatment) (Scotland) Act 2003 that requires the Scottish Ministers to provide administrative support and accommodation for the Mental Health Tribunal for Scotland.
Paragraph 6 – Education (Additional Support for Learning) (Scotland) Act 2004
281.Paragraph 6 repeals the provision within the Education (Additional Support for Learning) (Scotland) Act 2004 that requires the Scottish Ministers to provide property, staff and services to the President and tribunals known as the Additional Support Needs Tribunals for Scotland.
Paragraph 7 – Tribunals (Scotland) Act 2014
282.Paragraph 7 repeals the provision within the Charities and Trustee Investment (Scotland) Act 2005 that requires the Scottish Ministers to provide property, staff and services for a Scottish Charity Appeals Panel.
Paragraph 8 – Tribunals (Scotland) Act 2014
283.Paragraph 8 repeals the provision within the Tribunals (Scotland) Act 2014 that requires the Scottish Ministers to provide administrative support for the Scottish Tribunals.
Paragraph 9 - Revenue Scotland and Tax Powers Act 2014
284.Paragraph 9(2) repeals section 58 of the Revenue Scotland and Tax Powers Act 2014. Section 58 provides for the Scottish Ministers to provide administrative support to the Scottish Tax Tribunals. Paragraph (3) replaces the reference to members of staff of the tax tribunals in section 59(2)(b) with a reference to the staff of the SCTS and removes the reference in section 59(2)(c) to personnel supplied under section 58. The effect is that members of staff of the SCTS must have regard to guidance issued by the President of the Scottish Tax Tribunals about the administration of those Tribunals.