PART 7

Powers, procedure and administration
CHAPTER 2

Practice and procedure

Tribunal Rules

Tribunal Rules
68
1
There are to be rules—
a
regulating the practice and procedure to be followed in proceedings at—
i
the First-tier Tribunal,
ii
the Upper Tribunal, and
b
containing provision of other sorts appropriate with respect to the Scottish Tribunals (including in relation to the exercise by them of their functions).
2
Rules of the kind mentioned in subsection (1) are to be known as Scottish Tribunal Rules (and in this Act they are referred to as Tribunal Rules).
3
Tribunal Rules are to be made by the Court of Session by act of sederunt.
4
Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 includes further provision about the making of Tribunal Rules.

Exercise of functions
69
1
Tribunal Rules may confer functions on the persons mentioned in subsection (5) or the other members of the Scottish Tribunals.
2
Tribunal Rules may, in relation to any functions exercisable by the persons mentioned in subsection (5) or the other members of the Scottish Tribunals—
a
state—
i
how a function is to be exercised,
ii
who is to exercise a function,
b
cause something to require further authorisation,
c
permit something to be done on a person’s behalf,
d
allow a specified person to make a decision about any of those matters.
3
Tribunal Rules may make provision relying on the effect of directions issued, or to be issued, under section 74.
4
Neither Tribunal Rules nor directions under section 74 may make provision altering the operation of section 37(1) or 39(1).
5
For the purposes of subsections (1) and (2), the persons are—
a
the Lord President,
b
the President of Tribunals,
c
in the First-tier Tribunal—
i
a Chamber President,
ii
a Deputy Chamber President,
d
a Vice-President of the Upper Tribunal.

Extent of rule-making
70
1
Tribunal Rules may make—
a
provision applying—
i
equally to both of the First-tier Tribunal and the Upper Tribunal, or
ii
specifically to one of them,
b
particular provision for each of them about the same matter.
2
Tribunal Rules may make particular provision for different—
a
chambers or divisions,
b
types of proceedings.
3
Tribunal Rules may make different provision for different purposes in any other respects.
4
The generality of section 68(1) is not limited by—
a
sections 71 to 73, or
b
any other provisions of this Act about the content of Tribunal Rules.
5
As well as Chapter 1, see (for example) sections 28(5), 42(1), 43(3)(b) and 59(2).

Particular matters

Proceedings and steps
71
1
Tribunal Rules may make provision about proceedings in a case before the Scottish Tribunals.
2
Rules making provision as described in subsection (1) may (in particular)—
a
provide for the form and manner in which a case is to be brought,
b
allow for the withdrawal of a case (with or without restrictions on subsequent proceedings as respects the same matter),
c
set time limits for—
i
making applications,
ii
taking particular steps,
d
enable two or more applications to be conjoined in certain circumstances,
e
specify circumstances in which the Tribunals may take particular steps of their own initiative.

Hearings in cases
72
1
Tribunal Rules may make provision about hearings in a case before the Scottish Tribunals.
2
Rules making provision as described in subsection (1) may (in particular)—
a
provide for certain matters to be dealt with—
i
without a hearing,
ii
at a private hearing,
iii
at a public hearing,
b
require notice to be given of a hearing (and for the timing of such notice),
c
specify persons who may—
i
appear on behalf of a party in a case,
ii
attend a hearing in order to provide support to a party or witness in a case,
d
specify circumstances in which particular persons may appear or be represented at a hearing,
e
specify circumstances in which a hearing may go ahead—
i
at the request of a party in a case despite no notice of it having been given to another party in the case,
ii
in the absence of a particular member chosen to exercise the function of deciding any matter in a case,
f
enable two or more sets of proceedings to be taken concurrently at a hearing in certain circumstances,
g
allow for an adjournment of a hearing for the purpose of giving the parties in a case an opportunity to use a process of negotiation, mediation, arbitration or adjudication for resolving a dispute to which the case relates,
h
allow for the imposition of reporting restrictions for particular reasons arising in a case.

Evidence and decisions
73
1
Tribunal Rules may, in connection with proceedings before the Scottish Tribunals—
a
make provision about the giving of evidence and the administering of oaths,
b
modify the application of any other rules relating to either of those matters so far as they would otherwise apply to such proceedings.
2
Tribunal Rules may, in connection with proceedings before the Scottish Tribunals, provide for the payment of expenses and allowances to a person who—
a
gives evidence,
b
produces a document, or
c
attends such proceedings (or is required to do so).
3
Tribunal Rules may, in connection with proceedings before the Scottish Tribunals, make provision by way of presumption (for example, as to the serving of something on somebody).
4
Tribunal Rules may make provision about decisions of the Scottish Tribunals, including as to—
a
the manner in which such decisions are to be made,
b
the incorporation in such decisions of findings in fact,
c
the recording, issuing and publication of such decisions.

Issuing directions

Practice directions
74
1
The President of Tribunals may issue directions as to the practice and procedure to be followed in proceedings at—
a
the First-tier Tribunal,
b
the Upper Tribunal.
2
A Chamber President in the First-tier Tribunal may issue directions as to the practice and procedure to be followed in proceedings in the chamber over which the Chamber President presides.
3
A Vice-President of the Upper Tribunal may issue directions as to the practice and procedure to be followed in proceedings in the division over which the Vice-President presides.
4
Directions under subsection (2) or (3) may not be issued without the approval of the President of Tribunals.

Publication and effect
75
1
The President of Tribunals must arrange for directions under section 74(1), (2) or (3) to be published in such manner as the President of Tribunals considers appropriate.
2
Directions under section 74(1), (2) or (3) may—
a
vary or revoke earlier such directions,
b
make different provision for different purposes (in the same respects as Tribunal Rules).
3
If (and to the extent that) any conflict arises between—
a
directions issued under section 74(1), and
b
directions issued under section 74(2) or (3),
those issued under section 74(1) are to prevail.