Search Legislation

The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018

 Help about what version

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This is the original version (as it was originally made).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

Interpretation

This section has no associated Policy Notes

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);

“Appeal Appendix” means all the documents and authorities to be relied on for the purpose of the appeal along with an inventory of those documents and authorities;

“appellant” means—

(a)

a person who makes an appeal to the Upper Tribunal; or

(b)

a person substituted as an appellant under rule 12 (addition, substitution and removal of parties);

“ the Convention rights” has the meaning given to it in section 1 of the Human Rights Act 1998(4);

“document” means anything in which information is recorded in any 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;

“party” means a person who is (or was at the time that the Upper Tribunal disposed of the proceedings) an appellant or respondent in proceedings before the Upper Tribunal;

“practice direction” means a practice direction issued in terms of section 74 of the 2014 Act;

“President” means the President of the Scottish Tribunals;

“proceedings” includes a part of the proceedings;

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

“respondent” means—

(a)

in an appeal against a decision of the First-tier Tribunal, that Tribunal and any person other than the appellant who was a party before the First-tier Tribunal; or

(b)

a person substituted or added as a respondent under rule 12 (addition, substitution and removal of parties);

“review period” means the time period between the day of an application by a party for a review under rule 28(1) or, as the case may be, the Upper Tribunal’s decision to review a decision under that rule, and the receipt by each party of a notice sent under rule 28(5);

“the Upper Tribunal” means the Upper Tribunal for Scotland; and

“witness statement” means a written statement of a witness ordered by the Upper Tribunal to stand for the evidence-in-chief of the witness.

(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.

(5)

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

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