The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Rules of Procedure) (Miscellaneous Amendment) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 (“the First-tier Tribunal for Scotland Social Security Chamber Regulations”) and Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018 (“the Upper Tribunal Regulations”).

Regulation 2 amends rule 14 (disclosure of documents and information) in the schedule of the First-tier Tribunal for Scotland Social Security Chamber Regulations. The amendments enable the First-tier Tribunal on its own initiative, or on application by one or more of the parties, to give a direction prohibiting disclosure of a document or information to the recipient or some other person if it will cause serious harm to their physical or mental health. The amendments also enable the First-tier Tribunal to give a direction allowing for disclosure of documents or information to a party’s representative, or any other person acting on their behalf, where a direction has been given which prevents disclosure of documents or information to the party. A direction given by the First-tier Tribunal will apply only to proceedings in the First-tier Tribunal.

Regulation 3 amends rule 17 (disclosure of documents and information) in the schedule of the Upper Tribunal Regulations to make equivalent provision for the Upper Tribunal.