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Tribunals (Scotland) Act 2014

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Tribunals (Scotland) Act 2014 is up to date with all changes known to be in force on or before 21 October 2020. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 The Scottish Tribunals

    1. CHAPTER 1 Establishment and leadership

      1. Establishment and headship etc.

        1. 1.Establishment of the Tribunals

        2. 2.Head of the Tribunals

        3. 3.Upholding independence

      2. President of the Tribunals

        1. 4.Assignment to office

        2. 5.Functions of office

    2. CHAPTER 2 Overarching responsibilities

      1. Head of the Tribunals

        1. 6.Representation of interests

        2. 7.Business arrangements

        3. 8.Delegation of functions

        4. 9.Directions on functions

      2. Regulations by Ministers

        1. 10.Authority under regulations

        2. 11.Consultation on regulations

      3. Guiding principle

        1. 12.Principle to be observed

  3. PART 2 Organisational arrangements

    1. CHAPTER 1 Membership types

      1. Overview and main types

        1. 13.Overview of membership

        2. 14.Capacity of members

        3. 15.First-tier members

        4. 16.Upper members

      2. Judiciary eligible to sit

        1. 17.Sheriffs and judges

        2. 18.Authorisation of others

        3. 19.Judicial membership

    2. CHAPTER 2 Internal structure

      1. Structure of First-tier Tribunal

        1. 20.Chambers in the Tribunal

        2. 21.Chamber Presidents

        3. 22.Appointment to post

      2. Structure of Upper Tribunal

        1. 23.Divisions of the Tribunal

        2. 24.Vice-Presidents

        3. 25.Assignment to post

        4. 26.Appointment to post

  4. PART 3 Acquisition of functions

    1. Transfer-in from listed tribunals

      1. 27.Listed tribunals

      2. 28.Transfer-in of functions

      3. 29.Transfer-in of members

    2. Conferral of functions by another Act

      1. 30.Accommodation of functions

      2. 31.Redistribution of functions

  5. PART 4 More about membership etc.

    1. Appointment and assignment

      1. 32.Scheduled provisions

      2. 33.Assignment policy

    2. Training, conditions and conduct

      1. 34.Training and review

      2. 35.Conditions of membership etc.

      3. 36.Conduct and fitness etc.

  6. PART 5 Decision-making and composition

    1. Decisions in First-tier Tribunal

      1. 37.Decisions in the Tribunal

      2. 38.Composition of the Tribunal

    2. Decisions in Upper Tribunal

      1. 39.Decisions in the Tribunal

      2. 40.Composition of the Tribunal

    3. Voting where two or more members

      1. 41.Voting for decisions

      2. 42.Chairing members

  7. PART 6 Review or appeal of decisions

    1. CHAPTER 1 Tribunal decisions

      1. Internal review

        1. 43.Review of decisions

        2. 44.Actions on review

        3. 45.Review once only

      2. Appeal from First-tier Tribunal

        1. 46.Appeal from the Tribunal

        2. 47.Disposal of an appeal

      3. Appeal from Upper Tribunal

        1. 48.Appeal from the Tribunal

        2. 49.Disposal of an appeal

        3. 50.Procedure on second appeal

      4. Excluded decisions

        1. 51.Excluded decisions

        2. 52.Decisions on review

        3. 53.Other appeal rights

        4. 54.Position on transfer-in

      5. Miscellaneous procedure

        1. 55.Process for permission

        2. 56.Participation of non-parties

    2. CHAPTER 2 Special jurisdiction

      1. 57.Judicial review cases

      2. 57A.Procedural steps where petition remitted

      3. 58.Decision on remittal

      4. 59.Additional matters

      5. 60.Meaning of judicial review

  8. PART 7 Powers, procedure and administration

    1. CHAPTER 1 Powers and enforcement

      1. Cases and proceedings

        1. 61.Venue for hearings

        2. 62.Conduct of cases

        3. 63.Enforcement of decisions

        4. 64.Award of expenses

      2. Supplementary provisions

        1. 65.Additional powers

        2. 66.Application of enactments

        3. 67.Offences in relation to proceedings

    2. CHAPTER 2 Practice and procedure

      1. Tribunal Rules

        1. 68.Tribunal Rules

        2. 69.Exercise of functions

        3. 70.Extent of rule-making

      2. Particular matters

        1. 71.Proceedings and steps

        2. 72.Hearings in cases

        3. 73.Evidence and decisions

      3. Issuing directions

        1. 74.Practice directions

        2. 75.Publication and effect

    3. CHAPTER 3 Fees and administration

      1. 76.Tribunal fees

      2. 77.Administrative support

      3. 78.Annual reporting

  9. PART 8 Final provisions

    1. General and ancillary

      1. 79.Regulation-making

      2. 80.Ancillary regulations

      3. 81.Transitional and consequential

    2. Interpretation, commencement and short title

      1. 82.Interpretation

      2. 83.Commencement

      3. 84.Short title

    1. SCHEDULE 1

      Listed tribunals

      1. PART 1 List of tribunals

        1. 1.An Additional Support Needs Tribunal

        2. 2.A Scottish Charity Appeals Panel

        3. 3.The Crofting Commission

        4. 4.An Education Appeal Committee

        5. 5.In relation to certain Housing and other Acts—

        6. 6.The Lands Tribunal for Scotland

        7. 7.The Mental Health Tribunal for Scotland

        8. 8.In relation to the National Health Service—

        9. 9.A Parking Adjudicator

        10. 9A.A Bus Lane Adjudicator

        11. 10.A Police Appeals Tribunal

        12. 10A.The First-tier Tax Tribunal for Scotland

        13. 10B.The Upper Tax Tribunal for Scotland

        14. 11.A Valuation Appeal Committee.

      2. PART 2 Further specification

        1. 12.The operation of section 28(1) and (2) is informed by...

        2. 13.(1) The entry in paragraph 1 relates to the functions...

    2. SCHEDULE 2

      Transfer-in of members

      1. 1.(1) The Scottish Ministers may by regulations provide for some...

      2. 2.Subject to the relevant provisions of schedule 7, regulations under...

      3. 3.(1) Regulations under paragraph 1(1) may be made only where...

      4. 4.(1) In relation to the First-tier Tribunal—

    3. SCHEDULE 3

      Appointment to First-tier Tribunal

      1. PART 1 Ordinary members

        1. Appointment and eligibility

          1. 1.(1) It is for the Scottish Ministers to appoint a...

          2. 2.In paragraph 1(2), “relevant criteria” includes criteria as to qualifications,...

      2. PART 2 Legal members

        1. Application of Part

          1. 3.(1) This schedule Part applies in relation to appointment of...

        2. Appointment and eligibility

          1. 4.(1) It is for the Scottish Ministers to appoint a...

          2. 5.(1) A person qualifies under this sub-paragraph if the person...

        3. Eligibility under regulations

          1. 6.(1) Regulations under paragraph 5(2) may specify a description of...

          2. 7.(1) The Scottish Ministers may by regulations make provision—

    4. SCHEDULE 4

      Positions in First-tier Tribunal

      1. PART 1 Deputy or Temporary President

        1. Deputy President

          1. 1.If requested to do so by the President of Tribunals,...

          2. 2.(1) A person is eligible for appointment as a Deputy...

          3. 3.(1) The functions of a Chamber President are exercisable by...

        2. Temporary President

          1. 4.If there is a temporary vacancy in the presidency of...

          2. 5.(1) A person is eligible to be assigned as a...

      2. PART 2 Assignment internally

        1. Assignment by the President of Tribunals

          1. 6.(1) The President of Tribunals has the function of assigning...

        2. Assignment of Chamber Presidents

          1. 7.(1) A Chamber President of a chamber—

        3. Assignment of other members

          1. 8.(1) This paragraph applies in relation to an ordinary member...

        4. Assignment of judicial members

          1. 9.(1) A judicial member is to be assigned to at...

    5. SCHEDULE 5

      Appointment to Upper Tribunal

      1. PART 1 Ordinary members

        1. Appointment and eligibility

          1. 1.(1) It is for the Scottish Ministers to appoint a...

          2. 2.In paragraph 1(2), “relevant criteria” includes criteria as to qualifications,...

      2. PART 2 Legal members

        1. Application of Part

          1. 3.(1) This schedule Part applies in relation to appointment of...

        2. Appointment and eligibility

          1. 4.(1) It is for the Scottish Ministers to appoint a...

          2. 5.(1) A person qualifies under this sub-paragraph if the person...

        3. Eligibility under regulations

          1. 6.(1) Regulations under paragraph 5(2) may specify a description of...

          2. 7.(1) The Scottish Ministers may by regulations make provision—

    6. SCHEDULE 6

      Positions in Upper Tribunal

      1. PART 1 Temporary Vice-President

        1. Temporary Vice-President

          1. 1.If there is a temporary shortage in the number of...

          2. 2.(1) A person is eligible for assignment as a Temporary...

      2. PART 2 Assignment internally

        1. Assignment of and by the President of Tribunals

          1. 3.(1) The President of Tribunals has the function of assigning...

        2. Assignment of Vice-Presidents etc.

          1. 4.(1) A Vice-President of a division— (a) is to be...

          2. 5.(1) This paragraph applies in relation to a legal member...

        3. Assignment of other members

          1. 6.(1) This paragraph applies in relation to an ordinary member...

        4. Assignment of judicial members etc.

          1. 7.(1) A judicial member is to be assigned to at...

    7. SCHEDULE 7

      Conditions of membership etc.

      1. Application of schedule

        1. 1.(1) This schedule applies in relation to the positions of...

      2. Initial period of office

        1. 2.(1) A person who is appointed to a position in...

        2. 3.(1) Sub-paragraph (2) applies where a person—

      3. Automatic reappointment

        1. 4.(1) Unless sub-paragraph (3) applies, a member of the Scottish...

        2. 5.For the purpose of paragraph 4(3)(b), a member is ineligible...

        3. 6.For the purpose of paragraph 4(3)(c), the President of Tribunals...

        4. 7.Reappointment by virtue of paragraph 4 is not subject to...

      4. Extension in senior post

        1. 8.(1) Sub-paragraphs (2) and (3) apply where—

      5. Termination of appointment

        1. 9.A member of the Scottish Tribunals ceases to hold the...

        2. 10.(1) Nothing in paragraphs 2 to 8 affects the operation...

      6. Required oaths

        1. 11.(1) Each of the members of the Scottish Tribunals must...

      7. Pensions etc.

        1. 12.(1) The Scottish Ministers may make arrangements as to—

      8. Other conditions

        1. 13.(1) Other than as provided for elsewhere in this Act...

    8. SCHEDULE 8

      Conduct and fitness etc.

      1. PART 1 Conduct and discipline

        1. Application of Part

          1. 1.(1) This schedule Part applies in relation to the ordinary...

        2. Conduct rules

          1. 2.The Lord President is responsible for making and maintaining appropriate...

          2. 3.(1) The Lord President may make rules for the purposes...

          3. 4.Rules under paragraph 3(1)— (a) may make different provision for...

        3. Reprimand etc.

          1. 5.(1) Where the condition in sub-paragraph (2) is met in...

          2. 6.Paragraph 5 does not limit what the Lord President may...

        4. Suspension of membership

          1. 7.(1) If the Lord President considers that it is necessary...

          2. 8.Suspension under paragraph 7(1) does not affect any remuneration payable...

        5. Judicial Complaints Reviewer

          1. 9.(1) The Judicial Complaints Reviewer has the functions mentioned in...

          2. 10.(1) Sub-paragraph (2) applies where a case is referred to...

      2. PART 2 Fitness and removal

        1. Application of Part

          1. 11.(1) This schedule Part applies in relation to the ordinary...

          2. 12.In this schedule Part, the references to unfitness to hold...

        2. Constitution and procedure

          1. 13.(1) The First Minister must constitute a fitness assessment tribunal...

          2. 14.The Court of Session may by act of sederunt make...

        3. Composition and remuneration

          1. 15.(1) A fitness assessment tribunal is to consist of—

          2. 16.(1) The Scottish Ministers— (a) must pay such expenses as...

        4. Proceedings before tribunal

          1. 17.(1) A fitness assessment tribunal may require any person—

          2. 18.(1) Sub-paragraph (2) applies where a person on whom a...

        5. Suspension during investigation

          1. 19.(1) Sub-paragraph (2) applies if the Lord President requests the...

          2. 20.(1) Sub-paragraph (2) applies if a fitness assessment tribunal—

          3. 21.Suspension under paragraph 19(2) or 20(2) does not affect any...

        6. Report and removal

          1. 22.(1) A report by a fitness assessment tribunal must—

          2. 23.(1) If the relevant condition is met, the First Minister...

    9. SCHEDULE 9

      Transitional and consequential

      1. PART 1 Transitional and other matters

        1. Exercise of functions

          1. 1.(1) Sub-paragraph (2) applies for the purposes of—

        2. Rules of listed tribunals

          1. 2.(1) Sub-paragraph (2) applies where some or all of the...

          2. 3.(1) Regulations under paragraph 2(2) may— (a) make different provision...

        3. Pre-SCJC rule-making

          1. 4.(1) Until the Scottish Civil Justice Council and the Court...

          2. 5.(1) Regulations under paragraph 4(2) may— (a) modify rules having...

        4. Adoption of inherited rules

          1. 6.(1) Sub-paragraph (2) applies to— (a) rules having effect as...

        5. Chambers and divisions

          1. 7.(1) For as long as it appears to the Scottish...

          2. 8.(1) Sections 20(1) and (2) and 23(1) and (2) are...

          3. 9.For the purposes of paragraph 7(1) and (2), the Scottish...

        6. Making appointments

          1. 10.(1) Until all of the functions of a listed tribunal...

      2. PART 2 Consequential modifications

        1. Judicial Pensions and Retirement Act 1993

          1. 11.(1) The Judicial Pensions and Retirement Act 1993 is amended...

        2. Judiciary and Courts (Scotland) Act 2008

          1. 12.(1) The Judiciary and Courts (Scotland) Act 2008 is amended...

        3. Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

          1. 13.(1) The Scottish Civil Justice Council and Criminal Legal Assistance...

    10. SCHEDULE 10

      Index of expressions

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