Explanatory Notes

Tribunals (Scotland) Act 2014

2014 asp 10

15 April 2014

Commentary on Sections

Part 2 – Organisational Arrangements

Structure of the First-tier Tribunal

Section 20 – Chambers in the Tribunal

46.Section 20 provides for the organisation of the First-tier Tribunal into chambers and the allocation of the Tribunal’s functions among those chambers. The chambers are to be organised according to the subject-matter of the Tribunal’s functions as well as any other factors which are relevant to the exercise of the Tribunal’s functions.

47.The organisation into chambers and the allocation of the Tribunal’s functions are to be effected by regulations made by the Scottish Ministers (subsection (2)). By virtue of section 10(1), those regulations may make provision authorising the Lord President, or relying on Tribunal Rules (see commentary on section 68), to determine these matters. By virtue of section 11(1), the Scottish Ministers must consult the Lord President and such other persons as they consider appropriate before making regulations under section 20(2).

48.Paragraph 7(1) of schedule 9 makes transitional provision so that the First-tier Tribunal need not be organised into chambers or may have only one chamber for such period until it has acquired sufficient functions so as to merit this.