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1.—(1) In these Rules—
“the 2014 Act” means the Tribunals (Scotland) Act 2014(1);
“the 2018 Act” means the Social Security (Scotland) Act 2018(2);
“the 2016 Regulations” means the Scottish Tribunals (Time Limits) Regulations 2016(3);
[F1“the 2020 Regulations” means the Scottish Child Payment Regulations 2020,]
[F2“the Carer’s Allowance Supplement Regulations” means the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions (EU Exit) (Scotland) Regulations 2020;]
“appellant” means the person who starts proceedings (whether by notifying an appeal, or applying for permission to appeal) or a person substituted as an appellant under rule 8 (addition, substitution and removal of parties);
“chairing member” means the chairing member of the First-tier Tribunal;
“Chamber President” means the President of the First-tier Tribunal;
“the [F3Convention rights]” has the meaning given to it in section 1 of the Human Rights Act 1998(4);
“decision maker” means the maker of a decision or determination against which an appeal to the First-tier Tribunal is brought;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the First-tier Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or a form which can easily be made into a legible form;
“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(5);
“excluded decision” means a decision falling under section 51 of the 2014 Act;
“the First-tier Tribunal” means the First-tier Tribunal for Scotland Social Security Chamber;
“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“legal member” means an individual holding membership of the First-tier Tribunal for Scotland in accordance with section 15(2) of the 2014 Act;
“party” means a person who is (or was at the time that the First-tier Tribunal disposed of the proceedings) an appellant or a respondent in proceedings before the First-tier Tribunal;
“practice direction” means a direction given under section 74 of the 2014 Act;
“the prescribed time period” means—
in relation to re-determination of entitlement to assistance under Chapter 2 of Part 2 of the 2018 Act, the period prescribed by the Scottish Ministers by virtue of section 43(5) of the 2018 Act;
in relation to re-determination of entitlement to assistance under the 2020 Regulations, the period provided for in paragraph 14(2) of the schedule of the 2020 Regulations;
[F4in relation to re-determination of entitlement to a carer’s allowance supplement, the period provided for in paragraph 6(2) of schedule 2 of the Carer’s Allowance Supplement Regulations.]
“process decision” means—
in relation to an appeal under section 61 of the 2018 Act, a decision made under section 38, 41(3) or 42 of that Act;
in relation to an appeal under paragraph 23 of the schedule of the 2020 Regulations, a decision made under paragraph 1(4), 14(5) or 15(2)(b) of the schedule of those Regulations;
[F5in relation to an appeal under paragraph 13 of schedule 2 of the Carer’s Allowance Supplement Regulations, a decision made under paragraph 1(5), 4(6) or 5(2)(b) of schedule 2 of those Regulations.]
“representative” means a lay representative or a legal representative;
“respondent” means—
the decision maker in relation to a decision or determination against which an appeal to the First-tier Tribunal is brought; or
a person substituted or added as a respondent under rule 8 (addition, substitution and removal of parties);
“review” means the internal review provided for by section 43(1) of the 2014 Act; and
“the Upper Tribunal” means the Upper Tribunal for Scotland.
(2) For the purposes of these Rules, where information is sent—
(a)via the postal service to the last known address held for an individual; or
(b)by email to the last known email address held for the individual,
the individual is presumed to have received the information 48 hours after it is sent, unless the contrary is shown.
Textual Amendments
F1Words in sch. rule 1 inserted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 3(2)(a)
F2Words in sch. rule 1 inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 5(3)(a)(i)
F3Words in sch. rule 1(1) substituted (21.12.2018) by The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (S.S.I. 2018/343), regs. 1, 2(2)
2000 c.7; section 15(1) was amended by the Communications Act 2003 (c. 21), schedule 17, paragraph 158.