Public sector employment in Scotland: statistics for second quarter 2018

Part 3: Consultation on Draft Regulations transferring the functions and members of the parking and Bus Lane Adjudicators to the Scottish Tribunals.

Background

11) Section 28(2) of the 2014 Act provides the power for the Scottish Ministers to make regulations to transfer the functions of the listed tribunals in Schedule 1 of the 2014 Act, to the First-tier Tribunal only; the Upper Tribunal only; or to the First-tier Tribunal and the Upper Tribunal.

12) Schedule 2 and section 29 of the 2014 Act provides the power for the Scottish Ministers to make regulations to transfer the members of the listed tribunals to the First-tier or Upper Tribunal.

Draft Regulations

13. The current eligibility criteria for Parking and Bus Lane adjudicators are set out in the Road Traffic Act 1991 as amended. The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) 2011 Regulations state that a person appointed as a parking adjudicator shall act as a bus lane adjudicator.

14. The policy intention is for the Parking and Bus Lane Adjudicators to transfer into the Scottish Tribunals structure from 1 April 2019 with their existing functions. Upon transfer the Parking and Bus Lane Adjudicators in their current form will be abolished and thereafter decisions will be heard in the First-Tier Tribunal General Regulatory Chamber Parking and Bus Lane Appeals with onward appeal on a point of law only to the Upper Tribunal.

15. All existing Parking and Bus Lane Adjudicators, who are not already members of the First-tier Tribunal, will transfer into the Scottish Tribunals as long as they meet the eligibility criteria. In order to ensure consistency across the First-tier Tribunal, we propose to replicate the effect of the Judicial Pensions and Retirement Act 1993. Scottish Tribunals members are required to retire from the Scottish Tribunals at the age of 70, although Scottish Ministers can choose to reappoint a member for one year at a time, until they reach the age of 75, if the reappointment is in the public interest.

16. We propose to retain the criteria for legal membership. A Parking and Bus Lane adjudicator must therefore either meet the criteria in Schedule 3(5) of the Tribunals (Scotland) Act 2014 (which requires the member to be practising and have practised for at least 5 years, as a solicitor or advocate in Scotland) or meet the criteria in the terms of the Eligibility Regulations (Scotland) 2015 (which is that a legal member must have had 5 years engagement in practice as a solicitor or advocate and to also have had experience of either a judicial function in any court or tribunal, practice or employment as a lawyer or teaching or researching law).

17. The draft regulations set out the transitional arrangements, which state that cases in progress before the day of transfer will be completed in the First-tier Tribunal by the same member, where possible. Time limits which have started to run prior to commencement of these regulations and have not expired shall continue to apply.

18. Sections 38 and 40 of the 2014 Act allow the Scottish Ministers, by regulation, to determine the composition of the First-tier and Upper Tribunals. We intend that the Parking and Bus Lane Adjudicators will continue to consist of a single adjudicator and if the Upper Tribunal are to hear a case then that should be in line with other Tribunal rules consisting of either a legal or judicial member of the Upper Tribunal, or the Chamber President, acting either alone or with a legal or judicial member of the Upper Tribunal, or the President of the Tribunal acting alone or with another Upper Tribunal member, or the Lord President , acting alone or with another Upper Tribunal member.

19. The Transfer of Functions and Members draft regulation also repeals the various current Procedural Rules for each local authority that operates a decriminalised parking scheme. These will be replaced with a single set of Rules of Procedure for the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals. Where appropriate, these new Rules, replicate the previous individual rules subject to some additions and amendments with a view to consistency across the Scottish Tribunals.

Q1: Do you have any comments on the draft regulations relating to the transfer of functions of the Parking and Bus Lane Appeals to the First-tier Tribunal?

Q2: Are you content with the provisions relating to the transfer of members to the First-tier Tribunal?

Q3: Do you have any other comments regarding the transitional and savings provisions, consequential amendments, repeals or revocations?

Q4. Do you have any further comments you wish to make?