Draft regulations for social security appeals: consultation

Annex F: The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations make the Upper Tribunal for Scotland Social Security Rules of Procedure 2018 regulating the practice and procedure to be followed in the Upper Tribunal for Scotland when dealing with proceedings under the Social Security (Scotland) Act 2018. All other proceedings are subject to the Upper Tribunal for Scotland Rules of Procedure 2016, unless specific rules of procedure are made which apply to the proceedings.

These Rules will apply until such time as the powers of the Scottish Civil Justice Council and the Court of Session to make Tribunal Rules (under paragraph 13(2) and (5) of schedule 9 of the Tribunals (Scotland) Act 2014) come into force and are exercised.

The Upper Tribunal, set up by section 1 of the Tribunals (Scotland) Act 2014, hears appeals and referrals to it by the First-tier Tribunal, which is divided into chambers depending on the subject-matter of the case before it. An appeal to the Upper Tribunal in terms of section 46(3) of that Act requires first the permission of the First-tier Tribunal, failing which the permission of the Upper Tribunal. An appeal may be on a point of law only in terms of section 46(2) of that Act.