Tribunals (Scotland) Act 2014 - draft regulations: consultation

Part 3

Draft regulations providing procedural rules for the General Regulatory Chamber (Police Appeals) of the First-tier Tribunal

Background

22. Schedule 9, paragraph 4(1) and (2) of the 2014 Act confers on the Scottish Ministers, the function of making rules regulating the practice and procedure to be followed in proceedings in the Scottish Tribunals.

Draft Regulations

23. The Police Appeals Tribunals (Scotland) Rules 2013 currently provide comprehensive rules of procedure. The transfer to the First-tier Tribunal provides an opportunity to enhance the current rules of procedure to the benefit of all parties and to maximise consistency of procedural rules across the Scottish Tribunals. Therefore, additions and changes to the current rules are proposed. These are summarised below:

• an overriding objective for the Tribunal to deal with the proceedings fairly and justly, aligning with other Scottish Tribunals. (See regulations 2 and 3);
• the ability for staff of the Scottish Courts and Tribunal Service (SCTS), with the approval of the Chamber President, to carry out preliminary or incidental functions of a judicial nature and various case management powers available to the Tribunal. (See regulations 4 and 5);
• procedures regarding the submission of a notice of appeal, the reply by the respondent to the notice and appeal and procedures around an appellant or the respondent amending their statement of case (See regulations 6, 7 and 8);
• modernising the sending and delivery of documents, to allow for the electronic transfer of documents (See regulation 14);
• where an appellant is represented during a hearing, the role of the representative is set out in the draft rules. Alongside this, and aligning with other Scottish Tribunals, are details of the separate role of a supporter, who although present during the hearing may not represent the appellant. (See regulations 18 and 19);
• the ability to hold hearings, or parts of hearings, in private is preserved in the draft procedure rules but with the addition that the tribunal no longer requires the consent of the parties to do so. (See regulations 21);
• the ability of the tribunal to exclude a person from proceedings is also preserved but is extended to include any person that the tribunal considers is likely to prevent someone else from giving evidence or making submissions freely. (See regulation 22);
• a provision allowing the tribunal to make an order for expenses to be paid, but only where the person subject to the order caused another party to incur an expense that it would be unreasonable to expect them to pay. (See regulation 26);
• proposals to allow the publication of decisions, to provide transparency on the handling of appeals. This provision includes protections, for example allowing for anonymising where appropriate and, in exceptional circumstances, for decisions to not be publicly disclosed. (See regulation 28);
• the functions and tasks that were conducted in relation to “the register” will now be carried out by the First-tier Tribunal. (See regulation 29);
• a route available to appellants to ask for a tribunal decision to be reviewed or appealed. The proposed future arrangements would allow for reviews of First-tier Tribunal decisions to be carried out, and for challenges on a point of law to be referred to the Upper Tribunal. (See regulations 31, 32 and 33).

Question 1: Do you agree with the proposed steps for an appellant to submit a Notice of Appeal and for the Respondent to reply? (Regulations 6 and 7)

Question 2: Do you agree with the proposal to allow the Tribunal to make an order for expenses, where the actions of one party resulted in another party incurring an expense that it would be unreasonable to expect them to pay?

Question 3: Do you agree with the proposal that decisions of the Tribunal should be published, and if so, should any conditions be attached to this?

Question 4: Do you have any comments on the proposed routes to challenge decisions of the Tribunal?

Question 5: Do you have any other comments on the draft procedure regulations?