Tribunals (Scotland) Act 2014 - regulations for new transport appeals: consultation

Part 2: Draft Regulations allocating functions to the First-tier Tribunal for Scotland General Regulatory Chamber for appeals relating to Low Emission Zone Schemes, Workplace Parking Licensing Schemes and the prohibition of Dropped Footway Parking, Pavement Parking and Double Parking.

Consultation on Draft regulations allocating functions to the First-tier Tribunal for Scotland General Regulatory Chamber for appeals relating to Low Emission Zone Schemes, Workplace Parking Licensing Schemes and the prohibition of Dropped Footway Parking, Pavement Parking and Double Parking.

Background

28. Section 20 of the 2014 Act provides the power for the Scottish Ministers to make regulations for the organisation of the First-tier Tribunal into chambers, and to set out how the functions of the First-tier Tribunal are to be allocated between those chambers.

Draft regulations

29. The draft regulations in Annex A provide for the allocation of new functions to the General Regulatory Chamber of the First-tier Tribunal for Scotland.

30. These new functions will provide the General Regulatory Chamber with additional responsibility to deal with appeals against penalty charges issued for vehicle contraventions set out in certain sections of the Transport (Scotland) Act 2019. These relate to:

• Low Emission Zone schemes
• Workplace Parking Licensing schemes
• the Dropped Footway Parking prohibition
• the Double Parking prohibition
• the Pavement Parking prohibition.

31. As set out at paragraphs 11 and 12 above the policy intention is for decisions in relation to these new functions to be heard by the members of the First-Tier Tribunal General Regulatory Chamber who already hear appeals in relation to penalty charge notices issued for parking and bus lane contraventions. Onward appeals from the First-tier Tribunal General Regulatory Chamber will be permitted on a point of law only to the Upper Tribunal for Scotland.

32. When legal members of the First-tier Tribunal for Scotland General Regulatory Chamber exercise their current functions to hear appeals in relation to parking and bus lane contraventions, they are referred to as the First-tier Tribunal General Regulatory Chamber Parking and Bus Lane Appeals. As the proposed new functions will relate not only to parking and bus lane contraventions, but will also now include contraventions in relation to low emission zone schemes, workplace parking licensing schemes as well as prohibitions on dropped footway parking, double parking and pavement parking, a change to this reference is being considered. The current proposal is for legal members, when exercising both their current functions relating to parking and bus lane contraventions as well as their new functions in this Chamber, to be referred to as the First-tier Tribunal General Regulatory Chamber Transport Appeals and informally known as the Transport Tribunal; however, views are being sought on this point.

Questions on the allocation of the functions to the First-tier Tribunal General Regulatory Chamber of the Scottish Tribunals

33. Q1: Do you have any comments on the draft regulations relating to the allocation of new functions for Low Emission Zone schemes, Workplace Parking Licensing schemes and the prohibition of Dropped Footway Parking, Double Parking and Pavement Parking to the First-tier Tribunal General Regulatory Chamber of the Scottish Tribunals?

34. Q2: Do you have any comments on the informal name being proposed for use when members in this Chamber are exercising these new transport related functions as well as their current functions relating to parking and bus lane contraventions?

35. Q3: Do you have any further comments you wish to make regarding the allocation of the new transport related functions to the First-tier Tribunal General Regulatory Chamber?