Search Legislation

The Scottish Tax Tribunals (Conduct and Fitness Assessment Tribunal) Rules 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Substantiated complaint: disciplinary action

This section has no associated Policy Notes

13.—(1) The disciplinary judge is to send to the Scottish Ministers and the President—

(a)where no requirement is imposed under rule 12(3), a copy of the report submitted under rule 10(3)(c);

(b)in any other case, a copy of the report submitted under rule 12(8).

(2) Paragraph (3) applies where—

(a)the report finds the allegation to be substantiated (or substantiated in part);

(b)the report recommends that the President should exercise a power mentioned in paragraph 24(1) of Schedule 2 to the RSTPA 2014; and

(c)the President proposes to exercise a power mentioned in that provision.

(3) The President is to write to the member of the Scottish Tax Tribunals who is the subject of the report inviting him or her to make written representations.

(4) The President’s letter is to contain or be accompanied by such information (including where appropriate the report) as he or she considers to be appropriate for the purpose of giving the member of the Scottish Tax Tribunals a fair opportunity to make any representations.

(5) The member of the Scottish Tax Tribunals who is the subject of the report is to make any representations by such date as is specified in the invitation.

(6) The President is to consider any representations before deciding whether to exercise a power.

(7) Where the member of the Scottish Tax Tribunals who is the subject of the report is the President—

(a)paragraph (1) does not require a copy of the report to be sent to the President; and

(b)if the report finds the allegation to be substantiated (or substantiated in part) and the Scottish Ministers propose to take the action specified in paragraph (8), paragraphs (3) to (6) apply subject to the modifications that—

(i)references to the President are to be read as references to the Scottish Ministers; and

(ii)the reference in paragraph (6) to “exercise a power” is to be read as a reference to “take the action specified in paragraph (8)”.

(8) The action specified is the Scottish Ministers giving the President—

(a)formal advice;

(b)a formal warning; or

(c)a reprimand.

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

Opening Options

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

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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 made 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