Parking and Bus lane Adjudicators for Scotland: consultation

Part 1: Background

1. The Tribunals (Scotland) Act 2014 (the 2014 Act) creates a new, simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions. The 2014 Act creates two new tribunals, the First-tier Tribunal for Scotland (First-tier Tribunal) and the Upper Tribunal for Scotland (Upper Tribunal), known collectively as the Scottish Tribunals.

2. The 2014 Act provides a mechanism for regulations to transfer the functions of existing tribunals and their membership to the First-tier Tribunal and/or the Upper Tribunal. Alternatively, functions may be directly conferred on the First-tier Tribunal and/or the Upper Tribunal for newly created jurisdictions or extensions of jurisdiction. The 2014 Act also provides for the First-tier Tribunal to be organised into a number of subject-specific Chambers.

3. A Parking Adjudicator is listed as a Tribunal in Schedule 1 of the Tribunals (Scotland) Act 2014. We will add the Bus Lane function to the Schedule.

4. The jurisdiction and functions of the Parking Adjudicators arise from the Road Traffic Act 1991 as amended. They consider appeals against penalty charge notices ( PCN) for parking contraventions and the removal of vehicles in each local authority ( LA) area where parking has been decriminalised. Each participating LA has an individual Designation Order amending the relevant sections of the Road Traffic Act 1991 that allows them to take on the functions of enforcement for their area. They are able to make Traffic Regulation Orders, the process for which is set out in The Local Authorities Traffic Order (Procedure) Scotland Regulations 1999. The individual Regulations set out the Adjudication and Enforcement process, which includes how appeals are to be made, provisions for the decision making process, hearings and expenses. The adjudicators also hear appeals against bus lane enforcement charge notices, which arise from the Transport (Scotland) Act 2001 and subsequent regulations.

5. It is proposed that the functions and members of the Parking and Bus Lane Adjudicators will transfer into the Scottish Tribunals on 1 April 2019 as part of the General Regulatory Chamber. The draft regulations are attached at Annexes A, B, C and D.

6. The draft regulations in Annex A provide for the addition of Bus Lane Adjudicators to Schedule 1 of the Tribunals (Scotland) Act 2014, which lists the tribunals that may transfer into the Scottish Tribunals.

7. The draft regulations in Annex B provide for the transfer of functions and members of the Parking and Bus Lane Adjudicators to the Scottish Tribunals; also, transitional and savings provisions with consequential amendments and repeals of primary legislation.

8. The draft regulations in Annex C set out the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals Rules of Procedure.

9. The draft regulations in Annex D set out the composition of the First-tier Tribunal General Regulatory Chamber Parking and Bus Lane Adjudicators and Upper Tribunal for Scotland.