Search Legislation

Tribunals (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 3

 Help about opening options

Changes to legislation:

Tribunals (Scotland) Act 2014, PART 3 is up to date with all changes known to be in force on or before 22 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

PART 3 SAcquisition of functions

Transfer-in from listed tribunalsS

27Listed tribunalsS

(1)For the purposes of this Part, the listed tribunals are the tribunals for the time being included in the list in Part 1 of schedule 1 as read in conjunction with the further specification in Part 2 of that schedule.

(2)The Scottish Ministers may by regulations modify—

(a)the list in Part 1 of schedule 1,

(b)the further specification in Part 2 of that schedule.

(3)A tribunal may be added to the list in Part 1 of schedule 1 only if it is established by or under an enactment (whenever passed or made).

(4)For the purposes of this section, a reference to a tribunal includes any body, office-holder or individual having decision-making functions that are exercisable as follows (but only as far as having such or other functions that are so exercisable)—

(a)as, or in the manner of, a tribunal, and

(b)with respect to the determination or resolution of legal, administrative or other disputes between parties of any kind.

(5)Despite that generality, a reference to a tribunal does not for the purposes of this section include—

(a)any of the Scottish courts referred to in section 2 of the Judiciary and Courts (Scotland) Act 2008 (see subsection (6) of that section),

(b)the Scottish Land Court,

(c)a tribunal—

(i)constituted under section 35 of the Judiciary and Courts (Scotland) Act 2008,

(ii)constituted under [F1section 21 of the Courts Reform (Scotland) Act 2014], or

(iii)appointed under section 71(2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, or

(d)a fitness assessment tribunal constituted under paragraph 13 of schedule 8.

Textual Amendments

Commencement Information

I1S. 27 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

28Transfer-in of functionsS

(1)The functions of each of the listed tribunals are to become the functions of the Scottish Tribunals at such time and in so far as the Scottish Ministers consider appropriate.

(2)Accordingly, the Scottish Ministers may by regulations provide for some or all of the functions of a listed tribunal to be transferred from it—

(a)to the First-tier Tribunal only,

(b)to the Upper Tribunal only, or

(c)to the First-tier Tribunal and the Upper Tribunal.

(3)If regulations under subsection (2) provide for any functions of a listed tribunal to be transferred as mentioned in paragraph (c) of that subsection, the regulations may also—

(a)give particular functions to one of the Tribunals (but not the other), or

(b)make provision of the sort allowed by subsection (5).

(4)Where by virtue of regulations made under subsection (2) any functions of a listed tribunal have been transferred as mentioned in paragraph (a), (b) or (c) of that subsection, the Scottish Ministers may by regulations—

(a)provide for the functions, or particular functions, to be redistributed between the Tribunals by—

(i)transferring them from either of the Tribunals to the other,

(ii)taking them away from one of the Tribunals (but not the other), or

(iii)causing them to be exercisable by both of the Tribunals (instead of one only),

(b)if they are so redistributed by causing them to be exercisable by both of the Tribunals, also make provision of the sort allowed by subsection (5).

(5)This subsection allows provision enabling the question as to which of the Tribunals is to exercise particular functions in a specific case or in specified circumstances to be determined, including as against any prescribed criteria—

(a)in accordance with Tribunal Rules, or

(b)by the President of Tribunals (whether or not by reference to Tribunal Rules).

(6)Regulations under subsection (2) or (4) may include provision for the purposes of or in connection with, or for giving full effect to, a transfer or redistribution of any functions to which the regulations apply.

(7)Provision included in such regulations by virtue of subsection (6) may modify any enactment concerning a listed tribunal.

(8)A particular instrument containing regulations under subsection (2) may not relate to the functions of more than one of the listed tribunals.

Commencement Information

I2S. 28 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

29Transfer-in of membersS

Schedule 2 contains provision for the transfer of certain persons from the listed tribunals into the Scottish Tribunals to hold—

(a)particular named positions,

(b)ordinary or legal membership generally.

Commencement Information

I3S. 29 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Conferral of functions by another ActS

30Accommodation of functionsS

(1)Subsections (2) and (3) apply where any functions are conferred on either or both of the Scottish Tribunals by or under an Act other than this Act.

(2)The Scottish Ministers may by regulations modify this Act so that this Act specifies the relevant provisions of the other Act (whether in existing or new provisions of this Act).

(3)The Scottish Ministers may by regulations modify this Act or the other Act so as to make the functions exercisable in accordance with or subject to (as far as not already so exercisable)—

(a)the whole of this Act, or

(b)particular provisions of this Act.

Commencement Information

I4S. 30 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

31Redistribution of functionsS

(1)Where any functions are conferred on either or both of the Scottish Tribunals by or under an Act other than this Act, the Scottish Ministers may by regulations—

(a)provide for the functions, or particular functions, to be redistributed between the Tribunals by—

(i)transferring them from either of the Tribunals to the other,

(ii)taking them away from one of the Tribunals (but not the other), or

(iii)causing them to be exercisable by both of the Tribunals (instead of one only),

(b)if they are so redistributed by causing them to be exercisable by both of the Tribunals, also make provision of the sort allowed by subsection (2).

(2)This subsection allows provision enabling the question as to which of the Tribunals is to exercise particular functions in a specific case or in specified circumstances to be determined, including as against any prescribed criteria—

(a)in accordance with Tribunal Rules, or

(b)by the President of Tribunals (whether or not by reference to Tribunal Rules).

(3)Regulations under subsection (1) may include provision for the purposes of or in connection with, or for giving full effect to, a redistribution of any functions to which the regulations apply.

(4)Provision included in such regulations by virtue of subsection (3) may modify any enactment relating to the functions being redistributed by the regulations.

(5)Subsection (1) is subject to any express provision in the other Act prohibiting or limiting the making of regulations under that subsection.

Commencement Information

I5S. 31 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources