The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020

Regulation 6

SCHEDULE 1 Transitional and saving provisions

Representations, appeals and proceedings in progress before parking adjudicators immediately prior to 1 April 2020 to transfer to the First-tier Tribunal

1.  Any representation or appeal to a parking adjudicator in progress or pending immediately prior to 1 April 2020 not yet determined and any proceedings before a parking adjudicator in progress or pending immediately prior to that date must be transferred to and must be completed by the First-tier Tribunal but with so far as possible the same person hearing and determining the case before the First-tier Tribunal as a member of that Tribunal as was prior to 1 April 2020 hearing the case as a parking adjudicator.

Decisions, directions and orders of parking adjudicators to continue in force

2.  Any decision (whether or not called a decision), direction or order given or made in, or in respect of a representation or appeal to, any proceedings before a parking adjudicator which is given or made immediately prior to 1 April 2020 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.

Time limits in respect of representations and appeals to, and proceedings before, parking adjudicators to carry over to the First-tier Tribunal

3.  Any time limit which has started to run prior to 1 April 2020 in respect of a representation, appeal or proceedings before a parking adjudicator (and which has not expired) continues to apply where representations, appeals or proceedings are transferred to the First-tier Tribunal.

Unexercised right of review if exercised, is a right of review by the First-tier Tribunal

4.  Where in respect of a decision of a parking adjudicator prior to 1 April 2020, there lies a right to apply for review which has not been exercised prior to that date, but is still exercisable, any application for review on or after 1 April 2020 is to be to the First-tier Tribunal as if the decision has been made by the First-tier Tribunal and the review is to be a review under section 43 of the 2014 Act.

Exercised right of review is a right of review by the First-tier Tribunal

5.  Where in respect of a decision of a parking adjudicator prior to 1 April 2020, there lies a right of review, which has been exercised prior to that date, the review is to be completed by the First-tier Tribunal as if the application for a review were a request for a review under section 43 of the 2014 Act.