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This is the original version (as it was originally made).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

Initial assessment of complaint

This section has no associated Policy Notes

7.—(1) This rule applies to an allegation once it is sent to the member of the Scottish Tax Tribunals under rule 6.

(2) The Scottish Ministers are to carry out an initial assessment of the allegation.

(3) If the Scottish Ministers consider the allegation falls into paragraph (4), they are to dismiss the allegation.

(4) An allegation falls into this paragraph if—

(a)it does not contain sufficient information to enable a proper understanding of the grounds of the allegation to be achieved;

(b)it is about a judicial decision;

(c)it raises a matter which has already been dealt with (whether under these Rules or otherwise), and does not present any material new evidence; or

(d)it raises a matter which falls within the functions of the Judicial Complaints Reviewer.

(5) Where a complaint is dismissed under paragraph (3), the Scottish Ministers are to write to the person complaining and the member of the Scottish Tax Tribunals to that effect.

(6) If it appears to the Scottish Ministers that the allegation relates to judicial proceedings which are not concluded, they are to refer the allegation to the disciplinary judge for advice as to whether it would be appropriate for consideration under these Rules to continue before the judicial proceedings are concluded.

(7) Where the disciplinary judge advises that it would be inappropriate for that to occur—

(a)no further action is to be taken under these Rules until the proceedings have been concluded; and

(b)the Scottish Ministers are to write to the person complaining and to the member of the Scottish Tax Tribunals to that effect.

(8) Where an allegation is not dismissed under paragraph (3) and its consideration is not suspended under paragraph (7), the Scottish Ministers are to write to the person complaining, and to the member of the Scottish Tax Tribunals, to inform them of that fact and of the next step under these Rules.

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