Draft Regulations laid before the Scottish Parliament under section 79(2)(a) of the Tribunals (Scotland) Act 2014 for approval by resolution of the Scottish Parliament.
2020 No.
The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020
Made
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2) and 79(1)(b), and paragraph 4(2) of schedule 9 of, the Tribunals (Scotland) Act 20141 and all other powers enabling them to do so.
In accordance with section 11(1)(a) of that Act, they have obtained the approval of the Lord President for the making of these Regulations.
In accordance with section 11(1)(b) and paragraph 4(3) of schedule 9 of that Act, they have consulted the President of the Scottish Tribunals and such other persons as they considered appropriate.
In accordance with section 79(2)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament2.
Citation and commencement1
These Regulations may be cited as the First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020 and come into force on the day after the day on which they are made.
Amendment of the First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 20182
1
The First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 20183 are amended in accordance with paragraph (2).
2
In regulation 5 (chamber president) for the words from the beginning to “that Act” substitute “Until 1 April 2021”.
Amendment of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 20183
1
The rules in the schedule of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 20184 are amended as follows.
2
In rule 7(4) (dismissal of a party’s case) for “to apply for reinstatement” substitute “for the failure to comply”.
3
In rule 20 (notice of appeal against a determination of entitlement)—
a
omit paragraph (5)(f),
b
in paragraph (8)—
i
for “a notice” substitute “the notice of appeal”, and
ii
before sub-paragraph (a) insert—
za
where the individual was first awarded assistance pursuant to an application for assistance in accordance with section 37(a) of the 2018 Act5 (duty to make determination), a copy of the application;
c
in paragraph (9)(b) at the end insert “of appeal”, and
d
in paragraph (10)(a) and (b) after “notice” insert “of appeal”.
4
In rule 22 (notice of appeal against a process decision)—
a
omit paragraph (4)(f), and
b
in paragraph (5)(b) at the end insert “of appeal”.
5
Omit rule 30 (publication of decisions).
6
For rule 32 (correction of clerical mistakes or accidental slips or omissions) substitute—
32
The First-tier Tribunal may at any time correct any clerical mistake or other accidental slip or omission contained in a decision, order or any document produced by it by sending notification of the amended decision or order, or a copy of the amended document, to all parties.
7
In rule 35(6) (review of a decision) for “one or more of the members” substitute “the legal member”.
8
In rule 36 (duty to treat a request for a review as an application for permission to appeal)—
a
in paragraph (1) for “appellant” substitute “party who requests the review”, and
b
in paragraph (2)—
i
for “an appellant” substitute “the party who requests the review”,
ii
for “the appellant is” substitute “the party is”, and
iii
for “the appellant wishes” substitute “the party wishes”.
(This note is not part of the Regulations)