The First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020

Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011

1.—(1) The 2011 Regulations are amended in accordance with sub-paragraphs (2) to (9).

(2) In regulation 2 (interpretation)—

(a) paragraph (1) is amended as follows—

(i) omit the entries relating to “adjudicator”, “proper officer” and “register”,

(ii) in the entry relating to “statutory grounds for appeal”, for “an adjudicator” substitute “the First-tier Tribunal”,

(iii) after the entry relating to “enforcing authority” insert—

““First-tier Tribunal” means the First-tier Tribunal for Scotland and has the meaning given in section 1(1) of the Tribunals (Scotland) Act 2014(1);”, and

(iv) after the entry relating to “statutory grounds of appeal” insert—

““Upper Tribunal” has the meaning given in section 1(1) of the Tribunals (Scotland) Act 2014;”, and

(b) in paragraph (2), omit the entries relating to “charge notice concerned” and “hearing”.

(3) In regulation 8(5)(m) (charge notices), for “an adjudicator” substitute “the First-tier Tribunal”.

(4) In regulation 10(4)(b), (4)(e) and (4)(g) (response to representations), for “an adjudicator” substitute “the First-tier Tribunal”.

(5) The title of Part 4 becomes “APPROVED LOCAL AUTHORITY COSTS”.

(6) For regulation 11 (conferral of the function of bus lane adjudicator) substitute—

“Costs to be met by Approved Local Authority

11.   Where an approved local authority has resolved to impose charges under regulation 3(1) the approved local authority must meet the costs incurred by the Scottish Courts and Tribunals Service(2)—

(a) for the provision of all accommodation and administrative staff and facilities, and

(b) in relation to the remuneration and expenses of legal members,

required for the operation of the First-tier Tribunal exercising the functions set out in Part 4 and Part 5 of these Regulations.”.

(7) In regulation 12 (making an appeal)—

(a) in paragraph (1), for “adjudicator” substitute “First-tier Tribunal”,

(b) in paragraph (2) for “to the proper officer” substitute “in writing to the First-tier Tribunal”, and

(c) omit paragraphs (3) to (6).

(8) Regulations 13 to 29 are revoked.

(9) In regulation 30(2)(b) (charge certificates) for “the adjudicator’s decision” to the end substitute “the decision by the First-tier Tribunal or the Upper Tribunal is sent to the appellant;”.

(1)

2014 asp 10.

(2)

The Scottish Courts and Tribunals Service was established by section 60 of the Judiciary and Courts (Scotland) Act 2008 (2008 asp 6).