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 person who makes an appeal to the Upper Tribunal; or
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—
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
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.
2000 c.7; section 15(1) was amended by the Communications Act 2003 (c.21), schedule 17, paragraph 158.