Tribunals (Scotland) Act 2014 - draft regulations: consultation

Annex A

Draft Regulations laid before the Scottish Parliament under section 79(2)(c) of the Tribunals (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2025 No.

Tribunals and Inquiries

The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunals) Regulations 2025

Made - - - - 2025

Coming into force - - 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2)(b), 28(2) and 79(1)(b) and paragraph 1(1) of schedule 2 of the Tribunals (Scotland) Act 2014(^[1]) and all other powers enabling them to do so.

In accordance with section 11(1)(a) and (b) of that Act, the Scottish Ministers have obtained the Lord President’s approval and have consulted such other persons as they considered appropriate.

In accordance with section 79(2)(a) and (b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunals) Regulations 2025 and come into force on .

(2) In these Regulations—

“the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012(^[2]),

“the 2014 Act” means the Tribunals (Scotland) Act 2014,

“functions of the Police Appeals Tribunals” means the functions of determining an appeal to the tribunal against any decision to dismiss the constable or to demote the constable in rank, taken in pursuance of regulations made under section 48 of the 2012 Act, and

“member of the Police Appeals Tribunals” means a member of a panel appointed under paragraph 1(2)(a) of schedule 3 of the 2012 Act, and

“Police Appeals Tribunal” means a tribunal constituted under paragraph 1 of schedule 3 of the 2012 Act.

Transfer of functions of the Police Appeals Tribunals to the First-tier Tribunal and abolition of the Police Appeals Tribunals

2.—(1) The functions of the Police Appeals Tribunals are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal General Regulatory Chamber.

(2) The Police Appeals Tribunals are abolished.

Transfer of members of the Police Appeals Tribunals to the First-tier Tribunal

3.—(1) Subject to paragraphs (2) and (3), the members of the Police Appeals Tribunals on the coming into force of these Regulations are transferred to and become legal members of the First-tier Tribunal.

(2) The persons transferred to the First-tier Tribunal under paragraph (1) are (subject to the provisions of the 2014 Act) to be members of the First-tier Tribunal in accordance with terms and conditions to be offered by the Scottish Ministers immediately before transfer, which are to supersede any existing terms and conditions of appointment.

(3) Paragraph (1) does not apply to any member of the Police Appeals Tribunals if the member has already been transferred to and is a member of the First-tier Tribunal by virtue of regulations made under section 28(2) of the 2014 Act which were in force prior to these Regulations coming into force.

Transitional and savings provisions

4. Schedule 1 of these Regulations contains transitional and savings provisions.

Consequential amendments, repeals and revocations

5. Schedule 2 of these Regulations contains consequential provisions.

Revocations

6. Schedule 3 of these Regulations contains revocations.

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Schedule 1

Regulation 4

Transitional and savings provisions

References, claims and proceedings in progress before the Police Appeals Tribunals immediately before [Date] to transfer to the First-tier Tribunal

1. Any appeal to the Police Appeals Tribunal in progress immediately before [Date] but not yet determined or any proceedings before the Police Appeals Tribunals in progress immediately before that date is to be transferred to and be completed by the First-tier Tribunal but with so far as possible the same persons hearing and determining the case before the First-tier Tribunal as members of that tribunal as were prior to [Date] hearing the case as members of the Police Appeals Tribunals.

Decisions, directions and orders of the Police Appeals Tribunals to continue in force

2. Any decision (whether or not called a decision), direction or order given or made in or in respect of an appeal to, and proceedings before, the Police Appeals Tribunal in force immediately before [Date] remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.

Time limits in respect of appeals to, and proceedings before, the Police Appeals Tribunals to carry over to the First-tier Tribunal

3. Any time limit which has started to run before [Date] in respect of appeals to, and proceedings before, the Police Appeals Tribunal (and which has not expired) is to continue to apply where appeals and proceedings are transferred to the First-tier Tribunal.

Schedule 2

Regulation 5

Consequential amendments

Amendment of the Police and Fire Reform (Scotland) Act 2012

1.—(1) The Police and Fire Reform (Scotland) Act 2012(^[3]) is amended in accordance with sub-paragraphs (2) to (4).

(2) In section 56—

(a) in subsection (1) for “a police appeals tribunal” substitute “the First-tier Tribunal”;

(b) in subsection (3) for “police appeals tribunal” substitute “the First-tier Tribunal”;

(c) the title of Chapter 9 is changed to “First-tier Tribunal”; and

(d) the title of the heading of section 56 is changed to “Right to appeal to the First-tier Tribunal”.

(3) In section 57(1) for “a police appeals tribunal” substitute “the First-tier Tribunal”.

(4) In section 99(1) after the entry for “deputy chief constable” insert—

“the First-tier Tribunal” means the First-tier Tribunal for Scotland established by section 1 of the Tribunals (Scotland) Act 2014,.

Amendment of the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

2. In regulation 26(10) of the Police Service of Scotland (Senior Officers) (Conduct) Regulations(^[4]), for “a police appeals tribunal” substitute “the First-tier Tribunal”.

Amendment of the Police Service of Scotland (Senior Officers) (Performance) Regulations 2016

3. In regulation 35(4) of the Police Service of Scotland (Senior Officers)(Performance) Regulations 2016(^[5]), for “a police appeals tribunal” substitute “the First-tier Tribunal”.

Amendment of the Police Service of Scotland (Conduct) Regulations 2014

4. In regulation 26(5) of the Police Service of Scotland (Conduct) Regulations 2014(^[6]), for “a police appeals tribunal” substitute “the First-tier Tribunal”.

Amendment of the Police Service of Scotland (Performance) Regulations 2014

5. In regulation 46(7) of the Police Service of Scotland (Performance) Regulations 2014(^[7]), for “a police appeals tribunal” substitute “the First-tier Tribunal”.

Schedule 3

Regulation 6

Revocations of subordinate legislation

1. The Police Appeals Tribunals (Scotland) Rules 2013(^[8]) are revoked.

Explanatory note

(This note is not part of the Regulations)

The Police Appeals Tribunal was set up by the Police and Fire Reform(Scotland) Act 2012 to deal with appeals under section 56(1) of that Act against a decision to dismiss or demote a constable in rank.

These Regulations make provision for the transfer to the First-tier Tribunal for Scotland of the functions and members of the Police Appeals Tribunals. The First-tier Tribunal was set up by section 1 of the Tribunals (Scotland) Act 2014. It is divided into chambers, with the chambers hearing cases according to the subject matter of the case. The functions of the Police Appeals Tribunal are transferred to the First-tier Tribunal for Scotland with allocation to the General Regulatory Chamber.