The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018

PART 1 Introduction

Interpretation

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);

“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 Convention 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 the period prescribed by the Scottish Ministers by virtue of section 43(5) of the 2018 Act for the re-determination by them of an individual’s entitlement to a type of social security assistance described in Chapter 2 of Part 2 of the 2018 Act;

“process decision” means a decision made under section 38, 41(3) or 42 of the 2018 Act;

“representative” means a lay representative or a legal representative;

“respondent” means—

(a)

the decision maker in relation to a decision or determination against which an appeal to the First-tier Tribunal is brought; or

(b)

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.

Overriding objective and parties’ obligation to co-operate with the First-tier Tribunal

2.—(1) The overriding objective of these Rules is to enable the First-tier Tribunal to deal with cases fairly and justly.

(2) Dealing with a case fairly and justly includes—

(a) dealing with the case in ways which are transparent, proportionate to the importance of the case, the complexity of the issues, the anticipated expenses and the resources of the parties;

(b) avoiding unnecessary formality and seeking flexibility in the proceedings;

(c) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings and are treated with dignity and respect;

(d) using any special expertise of the First-tier Tribunal effectively; and

(e) avoiding delay, so far as compatible with proper consideration of the issues.

(3) The First-tier Tribunal must seek to give effect to the overriding objective when it—

(a) exercises any power under these Rules; or

(b) interprets any rule or practice direction.

(4) Parties must, insofar as reasonably possible—

(a) help the First-tier Tribunal to further the overriding objective; and

(b) co-operate with the First-tier Tribunal generally.

Delegation to staff

3.—(1) Staff of the Scottish Courts and Tribunals Service may, with the approval of the Chamber President, carry out functions of a judicial nature permitted or required to be undertaken by the First-tier Tribunal, provided the functions are of a preliminary or an incidental nature.

(2) The approval referred to in paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.

(3) Where the First-tier Tribunal sends notice of a decision made by a member of staff pursuant to an approval under paragraph (1) to a party, that party may, within the period of 14 days beginning with the day on which the party is presumed to have received the notice, make a written application to the First-tier Tribunal for that decision to be considered afresh by a member of the First-tier Tribunal.

(1)

2014 asp 10.

(2)

2018 asp 9.

(3)

S.S.I. 2016/231.

(4)

1998 c.42.

(5)

2000 c.7; section 15(1) was amended by the Communications Act 2003 (c. 21), schedule 17, paragraph 158.