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Scottish Statutory Instruments

2015 No. 116 (C. 25)

Tribunals And Inquiries

The Tribunals (Scotland) Act 2014 (Commencement No. 2) Order 2015

Made

11th March 2015

Laid before the Scottish Parliament

13th March 2015

Coming into force

1st April 2015

The Scottish Ministers make the following Order in exercise of the power conferred by section 83(2) of the Tribunals (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Tribunals (Scotland) Act 2014 (Commencement No. 2) Order 2015 and comes into force on 1st April 2015.

(2) In this Order, “the 2014 Act” means the Tribunals (Scotland) Act 2014.

Appointed day

2.—(1) 1st April 2015 is the day appointed for the coming into force of the 2014 Act so far as not already in force, except for the provisions specified in paragraph (2).

(2) The provisions are section 77(2) of, and paragraph 13 of schedule 9 to, the 2014 Act.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, brings into force on 1st April 2015 all of the remaining provisions of the Tribunals (Scotland) Act 2014 (“the 2014 Act”), with the exception of section 77 and paragraph 13 of schedule 9.

The 2014 Act establishes the First-tier and Upper Tribunals for Scotland. A range of subordinate legislation will be brought forward in due course to make these Tribunals operational , including various transfer of functions orders. However, by virtue of the transitional provisions in paragraphs 7 to 9 of schedule 9 to the 2014 Act, no chambers within the First-tier Tribunal or divisions within the Upper Tribunal are required to be created on day one.

Paragraph 4 of schedule 9 to the 2014 Act allows for the Scottish Ministers to write tribunal procedural rules (subject to consultation requirements) until such a time when the Scottish Civil Justice Council are ready to adopt this work on the commencement of paragraph 13 of schedule 9.

The Tribunals (Scotland) Act 2014 (Commencement No. 1) Order 2014 (S.S.I. 2014/183) commenced section 4(1) to (3) of the 2014 Act, and section 4(5) of the 2014 Act for limited purposes. This Order commences section 4(5) of the 2014 Act for all remaining purposes from 1st April 2015.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The Bill for the Act received Royal Assent on 15th April 2014. Section 83(1) of the Act brought into force sections 82 to 84 of the Act on the day after Royal Assent. The provisions of the Act previously commenced are detailed in the table below.

Provisions of the 2014 ActDate of CommencementInstrument Number
Section 4(1)14th July 20142014/183
Section 4(2)14th July 20142014/183
Section 4(3)14th July 20142014/183
Section 4(5) (partially)14th July 20142014/183
(2)

Section 77 is repealed by paragraph 8 of Schedule 4 to the Courts Reform (Scotland) Act 2014 (asp 18).