The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Cases and Upper Tribunal for Scotland (Composition) Regulations 2020

Citation and commencement

1.  These Regulations may be cited as the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Cases and Upper Tribunal for Scotland (Composition) Regulations 2020 and come into force on 1 April 2020.

Interpretation

2.  In these Regulations—

“bus lane case” means proceedings before the First-tier Tribunal when exercising functions transferred to it by regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020(1),

“Chamber President” means the Chamber President of the First-tier Tribunal,

“First-tier Tribunal” means the First-tier Tribunal for Scotland General Regulatory Chamber(2), and

“parking case” means proceedings before the First-tier Tribunal when exercising functions transferred to it by regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020(3).

Composition of First-tier Tribunal

3.—(1) The First-tier Tribunal, when convened to decide any matter in a parking case or a bus lane case, must consist only of a legal member.

(2) Whenever practicable, the legal member referred to in paragraph (1) must not have had any involvement in the case prior to the appeal, referral or review of the case.

Composition of Upper Tribunal

4.—(1) The Upper Tribunal, when convened to decide an appeal, review or referral in a parking case or a bus lane case, must consist of—

(a) a member of the Upper Tribunal acting alone,

(b) the Chamber President (except a temporary Chamber President), acting alone or with a member of the Upper Tribunal,

(c) the President of the Scottish Tribunals, acting alone or with the Chamber President or with a member of the Upper Tribunal, or

(d) the Lord President, acting alone or with the Chamber President or with a member of the Upper Tribunal.

(2) The Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal, review or referral of the case to the Upper Tribunal.

(3) For the purposes of this regulation, a member of the Upper Tribunal may be a legal member or a judicial member but may not be an ordinary member.

(4) The authority to determine the composition of the Upper Tribunal in respect of the alternative compositions referred to in paragraph (1) is delegated to the President of the Scottish Tribunals, including determining whether a member is to be a legal member or a judicial member.

(5) In this regulation, “judicial member” means a judge of the Court of Session or a sheriff(4).

ASH DENHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th March 2020