Tribunals (Scotland) Act 2014

PART 1The Scottish Tribunals

CHAPTER 1Establishment and leadership

Establishment and headship etc.

1Establishment of the Tribunals

2Head of the Tribunals

3Upholding independence

President of the Tribunals

4Assignment to office

5Functions of office

CHAPTER 2Overarching responsibilities

Head of the Tribunals

6Representation of interests

7Business arrangements

8Delegation of functions

9Directions on functions

Regulations by Ministers

10Authority under regulations

11Consultation on regulations

Guiding principle

12Principle to be observed

PART 2Organisational arrangements

CHAPTER 1Membership types

Overview and main types

13Overview of membership

14Capacity of members

15First-tier members

16Upper members

Judiciary eligible to sit

17Sheriffs and judges

18Authorisation of others

19Judicial membership

CHAPTER 2Internal structure

Structure of First-tier Tribunal

20Chambers in the Tribunal

21Chamber Presidents

22Appointment to post

Structure of Upper Tribunal

23Divisions of the Tribunal

24Vice-Presidents

25Assignment to post

26Appointment to post

PART 3Acquisition of functions

Transfer-in from listed tribunals

27Listed tribunals

28Transfer-in of functions

29Transfer-in of members

Conferral of functions by another Act

30Accommodation of functions

31Redistribution of functions

PART 4More about membership etc.

Appointment and assignment

32Scheduled provisions

33Assignment policy

Training, conditions and conduct

34Training and review

35Conditions of membership etc.

36Conduct and fitness etc.

PART 5Decision-making and composition

Decisions in First-tier Tribunal

37Decisions in the Tribunal

38Composition of the Tribunal

Decisions in Upper Tribunal

39Decisions in the Tribunal

40Composition of the Tribunal

Voting where two or more members

41Voting for decisions

42Chairing members

PART 6Review or appeal of decisions

CHAPTER 1Tribunal decisions

Internal review

43Review of decisions

44Actions on review

45Review once only

Appeal from First-tier Tribunal

46Appeal from the Tribunal

47Disposal of an appeal

Appeal from Upper Tribunal

48Appeal from the Tribunal

49Disposal of an appeal

50Procedure on second appeal

Excluded decisions

51Excluded decisions

52Decisions on review

53Other appeal rights

54Position on transfer-in

Miscellaneous procedure

55Process for permission

56Participation of non-parties

CHAPTER 2Special jurisdiction

57Judicial review cases

57AProcedural steps where petition remitted

58Decision on remittal

59Additional matters

60Meaning of judicial review

PART 7Powers, procedure and administration

CHAPTER 1Powers and enforcement

Cases and proceedings

61Venue for hearings

62Conduct of cases

63Enforcement of decisions

64Award of expenses

Supplementary provisions

65Additional powers

66Application of enactments

67Offences in relation to proceedings

CHAPTER 2Practice and procedure

Tribunal Rules

68Tribunal Rules

69Exercise of functions

70Extent of rule-making

Particular matters

71Proceedings and steps

72Hearings in cases

73Evidence and decisions

Issuing directions

74Practice directions

75Publication and effect

CHAPTER 3Fees and administration

76Tribunal fees

77Administrative support

78Annual reporting

PART 8Final provisions

General and ancillary

79Regulation-making

80Ancillary regulations

81Transitional and consequential

Interpretation, commencement and short title

82Interpretation

SCHEDULE 1Listed tribunals

PART 1List of tribunals

1An Additional Support Needs Tribunal

2A Scottish Charity Appeals Panel

3The Crofting Commission

4An Education Appeal Committee

5In relation to certain Housing and other Acts—

6The Lands Tribunal for Scotland

7The Mental Health Tribunal for Scotland

8In relation to the National Health Service—

9A Parking Adjudicator

9AA Bus Lane Adjudicator

10A Police Appeals Tribunal

10AThe First-tier Tax Tribunal for Scotland

10BThe Upper Tax Tribunal for Scotland

11A Valuation Appeal Committee.

11AThe Council Tax Reduction Review Panel

PART 2Further specification

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

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

SCHEDULE 2Transfer-in of members

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

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

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

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

SCHEDULE 3Appointment to First-tier Tribunal

PART 1Ordinary members

Appointment and eligibility

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

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

PART 2Legal members

Application of Part

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

Appointment and eligibility

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

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

Eligibility under regulations

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

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

SCHEDULE 4Positions in First-tier Tribunal

PART 1Deputy or Temporary President

Deputy President

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

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

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

Temporary President

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

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

PART 2Assignment internally

Assignment by the President of Tribunals

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

Assignment of Chamber Presidents

7(1) A Chamber President of a chamber—

Assignment of other members

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

Assignment of judicial members

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

SCHEDULE 5Appointment to Upper Tribunal

PART 1Ordinary members

Appointment and eligibility

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

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

PART 2Legal members

Application of Part

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

Appointment and eligibility

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

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

Eligibility under regulations

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

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

SCHEDULE 6Positions in Upper Tribunal

PART 1Temporary Vice-President

Temporary Vice-President

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

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

PART 2Assignment internally

Assignment of and by the President of Tribunals

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

Assignment of Vice-Presidents etc.

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

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

Assignment of other members

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

Assignment of judicial members etc.

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

SCHEDULE 7Conditions of membership etc.

Application of schedule

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

Initial period of office

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

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

Automatic reappointment

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

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

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

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

Extension in senior post

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

Termination of appointment

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

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

Required oaths

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

Pensions etc.

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

Other conditions

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

SCHEDULE 8Conduct and fitness etc.

PART 1Conduct and discipline

Application of Part

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

Conduct rules

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

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

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

Reprimand etc.

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

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

Suspension of membership

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

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

Judicial Complaints Reviewer

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

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

PART 2Fitness and removal

Application of Part

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

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

Constitution and procedure

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

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

Composition and remuneration

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

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

Proceedings before tribunal

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

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

Suspension during investigation

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

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

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

Report and removal

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

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

SCHEDULE 9Transitional and consequential

PART 1Transitional and other matters

Exercise of functions

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

Rules of listed tribunals

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

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

Pre-SCJC rule-making

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

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

Adoption of inherited rules

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

Chambers and divisions

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

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

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

Making appointments

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

PART 2Consequential modifications

Judicial Pensions and Retirement Act 1993

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

Judiciary and Courts (Scotland) Act 2008

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

Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

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

SCHEDULE 10Index of expressions

Royal arms

Tribunals (Scotland) Act 2014

2014 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th March 2014 and received Royal Assent on 15th April 2014

An Act of the Scottish Parliament to establish the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland; and for connected purposes.