The Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2019

Scottish Statutory Instruments

2019 No. 384

Tribunals And Inquiries

The Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2019

Made

12th November 2019

Laid before the Scottish Parliament

14th November 2019

Coming into force

10th January 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 32(1) and paragraph 1(2) of schedule 3 of the Tribunals (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2019 and come into force on 10 January 2020.

Amendment of the Scottish Tribunals (Eligibility for Appointment) Regulations 2015

2.  In regulation 3D (eligibility for appointment as an ordinary member of the First-tier Tribunal for Scotland (disability experience)) of the Scottish Tribunals (Eligibility for Appointment) Regulations 2015(2)—

(a) for “works in a professional or voluntary capacity with” substitute “supports or has supported in a professional or voluntary capacity”,

(b) after “provides” insert “or has provided”, and

(c) for “or themselves has” substitute “or is a person who has or has had”.

SHIRLEY-ANNE SOMERVILLE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

12th November 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 3D of the Scottish Tribunals (Eligibility for Appointment) Regulations 2015 (“the 2015 Regulations”) to expand the eligibility criteria for appointment of ordinary members of the First-tier Tribunal for Scotland in respect of disability experience.

The amendments made by regulation 2 provide that a person who has previously provided professional or voluntary support, or has provided care, to a person with a disability may be eligible for appointment, in addition to those who are doing so at the time they are appointed. The same applies to a person who previously had a disability but is no longer considered to do so.

Regulation 3D was inserted into the 2015 Regulations by the Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2018 (S.S.I. 2018/276). A partial Business and Regulatory Impact Assessment was prepared in respect of the package of Regulations of which those amending Regulations formed part. The current Regulations do not alter the outcome of that assessment. Accordingly, no further Business and Regulatory Impact Assessment is required.

(1)

2014 asp 10.

(2)

S.S.I. 2015/381. Regulation 3D was inserted by S.S.I. 2018/276.