Community Charges (Deductions from Income Support) (Scotland) (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 (“the principal regulations”) in the following respects–

1.  Regulation 2 adds the definitions “married couple”, “polygamous marriage” and “unmarried couple” to regulation 1 (interpretation) of the principal regulations;

2.  Regulation 5 amends regulation 5 of the principal regulations which deals with appeals to make it clear that where a decision of a Tribunal of Commissioners is not unanimous, the decision shall be that of the majority and it allows for refusal of leave to be dealt with by the tribunal chairman or a Commissioner;

3.  Regulation 10 amends Schedule 2, paragraph 13 of the principal regulations which is in that part which deals with oral hearings to provide for the attendance of a regional or full-time chairman of appeal tribunals at oral hearings of social security appeal tribunals as of right; amends paragraph 25 which deals with directions to provide that applications for directions from a Commissioner must be given in writing, stating the grounds for the application; allows a Commissioner of his own motion to postpone or adjourn an oral hearing and for nominated officers to set aside any witness summons made by a nominated officer.

The remaining amendments to the principal regulations are of a minor drafting nature or consequential to the amendments set out above.