Tribunals (Scotland) Act 2014 - draft regulations: consultation

Part 2

Draft regulations transferring in the functions and members of the Police Appeals Tribunal to the General Regulatory Chamber of the First-tier Tribunal – see Annex A.

Background

16. Regulations are required to establish how and when the functions of the current Police Appeals Tribunal will transfer to the Scottish Tribunals, and how existing members of the Police Appeals Tribunal will transfer.

17. 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; to the Upper Tribunal only; or to the First-tier Tribunal and the Upper Tribunal. A Police Appeals Tribunal is listed as a Tribunal in Schedule 1 of the Tribunals (Scotland) Act 2014, and it is proposed to transfer the existing Police Appeals Tribunal to the General Regulatory Chamber of the First-tier Tribunal.

18. Schedule 2 and section 29 of the 2014 Act provided 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

19. The intention is for the police appeals functions to transfer into the Scottish Tribunals structure. Upon the transfer of functions, the Police Appeals Tribunal will be abolished and thereafter appeals will be heard in the General Regulatory Chamber of the First-tier Tribunal. The draft regulations would allow for reviews of First-tier Tribunal decisions to be conducted, and for challenges on a point of law only to be referred onwards to the Upper Tribunal. This approach is replicated across much of the Scottish Tribunals’ landscape.

20. All existing Police Appeals Tribunal members who are eligible for appointment as legal members of the First-tier Tribunal will be offered the opportunity to transfer into the Scottish Tribunals as legal members, in accordance with terms and conditions to be offered by the Scottish Ministers. These terms and conditions will supersede any existing terms and conditions of appointment.

21. As part of the transitional provisions any claim that is in progress immediately before the date of transfer will continue to be heard by the same members, insofar as is practicable.

Question 1: Should current members of the Police Appeals Tribunal transfer into the Scottish Tribunals structure?

Question 2: Do you have any comments on the draft regulations regarding the transfer of functions of the Police Appeals Tribunal to the First-tier Tribunal?