Tribunals (Scotland) Act 2014 - draft regulations: consultation

Part 4

Draft regulations setting out the composition of the First-tier Tribunal for Scotland General Regulatory Chamber and Upper Tribunal

Background

24. Sections 38 and 40 of the 2014 Act allow the Scottish Ministers to make provisions in regulations to determine the composition of the First-tier Tribunal and Upper Tribunal.

25. The draft regulations in Annex C set out the composition of the First-tier Tribunal when hearing cases within the First-tier Tribunal General Regulatory Chamber and the Upper Tribunal.

26. The policy intention is for the First-tier Tribunal to mirror current arrangements whereby the Police Appeals Tribunal consists of three legal members only. Each hearing will have a Chair, appointed by the President of the General Regulatory Chamber or, failing that, the President of the Scottish Tribunals.

27. Appeals to the Upper Tribunal will now be possible, on a point of law only. Our proposal is that an appeal to the Upper Tribunal will be heard either by the President of the Scottish Tribunals or the Chamber President. Either can act alone or with another judicial member, however the Chamber President must not have had any prior involvement in the case.

Question 1: Do you have any comments on the proposed composition of the First-tier Tribunal Police Appeals Tribunal within the General Regulatory Chamber?

Question 2: Do you have any comments on the proposals regarding the composition of the Upper Tribunal when hearing appeals from the General Regulatory Chamber?

Question 3: Do you have any other comments you wish to make?