The First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021

Draft Regulations laid before the Scottish Parliament under section 79(2)(a) of the Tribunals (Scotland) Act 2014 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2021 No.

Tribunals And Inquiries

The First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021

Made

2021

Coming into force

2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2) and 79(1)(b) of the Tribunals (Scotland) Act 2014(1) and all other powers enabling them to do so.

In accordance with section 11(1) of that Act, they have obtained the approval of the Lord President for the making of these Regulations and have consulted such other persons as they consider appropriate.

In accordance with section 79(2)(a) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021 and come into force on the day after the day on which they are made.

Amendment of the First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018

2.—(1) The First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018(2) are amended in accordance with paragraph (2).

(2) In regulation 5(3) (chamber president) for “Until 1 April 2021” substitute “Until 31 March 2024”.

Amendment of the First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020

3.—(1) The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020(4) are amended in accordance with paragraph (2).

(2) Omit regulation 2.

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018 (“the 2018 Regulations”) and the First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020 (“the 2020 Regulations”) to further extend the period for which certain provisions of the Tribunals (Scotland) Act 2014 (“the 2014 Act”) will not apply in relation to the presidency of the First-tier Tribunal Social Security Chamber.

Regulation 2 amends regulation 5 of the 2018 Regulations to extend the period for which section 21(2) of the 2014 Act, and certain related provisions in schedule 4 of that Act, will not apply in relation to the presidency of that Chamber. This has the effect of extending the period for which the assignment to that Chamber of a president who is also the president of another chamber of the First-tier Tribunal for Scotland is permitted. The period is extended until 31 March 2024.

Regulation 3 omits regulation 2 of the 2020 Regulations, which had previously amended regulation 5 of the 2018 Regulations to extend the period until 31 March 2021. That amendment is superseded by regulation 2 of these Regulations.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

(1)

2014 asp 10.

(2)

S.S.I. 2018/350.

(3)

Regulation 5 was amended by S.S.I. 2020/100.

(4)

S.S.I. 2020/100.