Draft regulations transferring the Mental Health Tribunal for Scotland to the Scottish Tribunals: consultation

Annex F

Scottish Statutory Instruments

2018 No.

Tribunals And Inquiries

The Scottish Tribunals (Time Limits) Amendment Regulations 2018

Made - - - - 2018
Laid before the Scottish Parliament 2018
Coming into force - - 12th November 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 55(1) and 79(1)(a) of the Tribunals (Scotland) Act 2014( a) and all other powers enabling them to do so.
In accordance with paragraph 4(3) of schedule 9 of that Act, the Scottish Ministers have consulted with the President of Tribunals and such other persons as they considered appropriate.

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Scottish Tribunals (Time Limits) Amendment Regulations 2018.
(2) These Regulations come into force on 12th November 2018.
(3) In these Regulations “the 2016 Regulations” means the Scottish Tribunals (Time Limits) Regulations 2016( b).

Amendment of the 2016 Regulations

2. —(1) The 2016 Regulations are amended as follows.
(2) In regulation 2 (time limits for applying to the First-tier Tribunal or Upper Tribunal for permission to appeal against its own decision)—
(a) at the start of paragraph (1) insert “Subject to paragraph (5)”; and
(b) after paragraph (4) add-
(5) An application for permission under section 46(3)(a) of the Act to appeal a decision of the Mental Health Chamber of the First-tier Tribunal must be received by that Tribunal within the period of 21 days beginning with the relevant date..
(3) In regulation (3) (time limits for applying to the Upper Tribunal for permission to appeal against a decision of the First-tier Tribunal)—
(a) at the start of paragraph (1) insert “Subject to paragraph (4)”; and
(b) after paragraph (3) add—
(4) An application for permission under section 46(3)(b) of the Act to appeal a decision of the Mental Health Chamber of the First-tier Tribunal must be received by the Upper Tribunal within the period of 21 days beginning with the relevant date..

A member of the Scottish Government

St Andrew’s House,
Edinburgh
2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Scottish Tribunals (Time Limits) Regulations 2016 to set time limits for applications for permission to appeal decisions of the First-tier Tribunal for Scotland Mental Health Chamber to the Upper Tribunal for Scotland.

Permission may be sought from the First-tier Tribunal under section 46 of the Tribunals (Scotland) Act 2014, and permission can be sought from the Upper Tribunal under the same section if the First-tier Tribunal refuses its permission.