Transferring the Scottish Charity Appeals Panel to the Scottish Tribunals: consultation

Part 3: Consultation on Draft Regulations That Set out the Rules of Procedure for the First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals

Background

21. Schedule 9, paragraph 2(2) and section 81 of the 2014 Act provides the power for the Scottish Ministers to make regulations for the procedural rules of a listed tribunal that are in force immediately before the transfer to have effect for the purposes of either or both the First-tier Tribunal and the Upper Tribunal.

Draft Regulations

22. As the SCAP already has comprehensive procedural rules in place these have been replicated where possible in the draft General Regulatory Chamber Charity Appeals Rules in Annex B. A number of the rules have been redrafted and there are four main areas where the draft Rules differ from the existing rules of procedure to ensure consistency within the Scottish Tribunals.

23. Firstly, a party who wishes to appeal a decision to the Upper Tribunal must first seek permission to do so from the First-tier Tribunal. This brings the jurisdiction in line with provisions in the 2014 Act. If the First-tier Tribunal refuses permission to appeal a party may seek permission to appeal from the Upper Tribunal itself.

24. Secondly, parties and the First-tier Tribunal on its own initiative will be able to seek a review a decision. The review procedure will not extend the 30 days that parties have to seek permission to appeal a decision. Parties will now need to seek permission to appeal a decision to the Upper Tribunal from the First-tier Tribunal within 30 days of the decision being sent to the parties. If this is not granted they have a right of appeal within 30 days to the Upper Tribunal. The aim is for these time limits to strike the right balance between access to justice and a more streamlined appeals process. Our aim is to give users a quicker route through the review and appeal process overall.

25. Thirdly, there is a new provision allowing staff of the Scottish Courts and Tribunals Service with appropriate legal qualifications to carry out functions of a judicial nature as long as they are preliminary or incidental in nature. This will allow the legal members of the tribunal to focus on the more complex tasks.

26. Finally, parties will be able to be accompanied by a representative (either legal or lay) and/or a supporter. The supporter may assist a party and provide moral support if required.

Questions on the First-tier General Regulatory Chamber Rules of Procedure

Q1: Do you have any comments on the draft regulations on the First-tier General Regulatory Chamber Charity Appeals Rules of Procedure?

Q2: Do you have any comments on the new review procedure?

Q3: Do you have any comments on the new rule allowing SCTS staff to carry out functions of a judicial nature?

Q4. Do you have any comments on the new rule allowing parties to be accompanied by a representative and/or a supporter?

Q5: Do you have any other comments you wish to make?