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PART 3 SAcquisition of functions

Conferral of functions by another ActS

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

I1S. 31 in force at 1.4.2015 by S.S.I. 2015/116, art. 2