Tribunals (Scotland) Act 2014

Establishment and headship etc.

1 Establishment of the Tribunals

(1) There are established two tribunals to be known as—

(a) the First-tier Tribunal for Scotland,

(b) the Upper Tribunal for Scotland.

(2) The Tribunals mentioned in subsection (1) are referred to in this Act—

(a) respectively as—

(i) the First-tier Tribunal,

(ii) the Upper Tribunal,

(b) collectively as the Scottish Tribunals.

(3) The constitution, operation and administration of the Scottish Tribunals are as provided for by or under this Act or another Act.

(4) The jurisdiction, powers and other functions of the Scottish Tribunals are as conferred by or under this Act or another Act.

2 Head of the Tribunals

(1) The Lord President is the Head of the Scottish Tribunals.

(2) In that capacity, the Lord President has the functions exercisable by him or her by virtue of this Act.

3 Upholding independence

(1) The following persons must uphold the independence of the members of the Scottish Tribunals—

(a) the First Minister,

(b) the Lord Advocate,

(c) the Scottish Ministers,

(d) members of the Scottish Parliament,

(e) all other persons with responsibility for matters relating to—

(i) the members of the Scottish Tribunals, or

(ii) the administration of justice,

where that responsibility is to be discharged only in or as regards Scotland.

(2) In particular, the First Minister, the Lord Advocate and the Scottish Ministers—

(a) must not seek to influence particular decisions of the members of the Scottish Tribunals through any special access to the members, and

(b) must have regard to the need for the members to have the support necessary to enable them to carry out their functions.