Tribunals (Scotland) Act 2014 - Draft Regulations Consultation

Annex B: Draft regulations relating to Part 3: The Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024

Draft Scottish Statutory Instruments

2024 No.

Tribunals and Inquiries

The Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024

Made - - - - ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28(2), (6) and (7) and 79(1) of the Tribunals (Scotland) Act 2014(^a) and all other powers enabling them to do so.

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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024 and come into force on [***].

(2) In these Regulations—

"relevant appeal" means an appeal made under section 39(6) of the Transport (Scotland) Act 2001(^b) in relation to a penalty imposed under any paragraph of section 39(1) of that Act except paragraph (d)(^c),

"relevant functions of the Transport Tribunal" means the functions exercisable by the Transport Tribunal by virtue of section 39(6) of the Transport (Scotland) Act 2001 in relation to a penalty imposed under any paragraph of section 39(1) of that Act except paragraph (d), and

"Upper Tribunal" means the Upper Tribunal for Scotland.

Transfer of the relevant functions of the Transport Tribunal to the Upper Tribunal

2.The relevant functions of the Transport Tribunal are transferred to the Upper Tribunal.

Transitional and saving provisions

3.Schedule 1 which contains transitional and saving provisions has effect.

^(a) 2014 asp 10.

^(b) 2001 asp 2.

^(c) Section 39(1) was amended by section 17(6)(a) and (b) of the Bus Services Act 2017 c. 21 and section 39(2) of the Transport (Scotland) Act 2019 asp 17.

Consequential amendments

4.Schedule 2 which contains consequential amendments has effect.

[Name]

Authorised to sign by the Scottish Ministers

St. Andrew's House,

Edinburgh

[***]

Schedule 1 Regulation 3

Transitional and saving provisions

Relevant appeals in progress before the Transport Tribunal immediately before [coming into force date] to transfer to the Upper Tribunal

1. Any relevant appeal to the Transport Tribunal in progress immediately before [coming into force date] but not yet determined, any application related to a relevant appeal received by the Transport Tribunal before that date that is not yet determined, and any proceedings of the Transport Tribunal related to a relevant appeal in progress immediately before that date is transferred to and must be completed by the Upper Tribunal as if they were appeals and applications to the Upper Tribunal or proceedings in the Upper Tribunal.

Decisions, directions and orders of the Transport Tribunal to continue in force

2.Any decision (whether or not called a decision), direction or order given or made in relevant appeals and applications related to relevant appeals to, and proceedings related to relevant appeals before, the Transport Tribunal which is in force immediately before [coming into force date] remains in force on and after that date as if it were a decision, direction or order of the Upper Tribunal.

Time limits in respect of relevant appeals to the Transport Tribunal to carry over to the Upper Tribunal

3.Any time limit which has started to run before [coming into force date] in respect of relevant appeals and applications related to relevant appeals to, and proceedings related to relevant appeals before, the Transport Tribunal (and which has not expired) continues to apply where relevant appeals, applications related to relevant appeals, and proceedings related to relevant appeals are transferred to the Upper Tribunal.

Unexercised right of appeal to the Court of Session, if exercised, remains as an appeal to the Court of Session

4.Where in respect of a decision of the Transport Tribunal before [coming into force date] in relation to a relevant appeal there lies a right of appeal to the Court of Session which has not been exercised before that date but is still exercisable, any appeal on or after [coming into force date] continues to be to the Court of Session as if the decision had been made by the Upper Tribunal and the appeal is an appeal from the Upper Tribunal for the purposes of section 48(1) of the Tribunals (Scotland) Act 2014.

Schedule 2 Regulation 4

Consequential amendments

Transport (Scotland) Act 2001

1.—(1) The Transport (Scotland) Act 2001 is amended in accordance with sub-paragraphs (2) and (3).

(2) In section 39(6) (penalties)—

(a) after "under" insert "any paragraph except paragraph (d) of," and

(b) for "Transport Tribunal" substitute "Upper Tribunal for Scotland".

(3) After section 39(6) insert—

"(6A) Any operator on whom a penalty has been imposed under paragraph (d) of subsection (1) above may appeal to the Transport Tribunal against the imposition of the penalty."

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the transfer of certain functions of the Transport Tribunal to the Upper Tribunal for Scotland.

Regulation 2 provides that the relevant functions of the Transport Tribunal are transferred to the Upper Tribunal for Scotland. The relevant functions of the Transport Tribunal are defined by regulation 1 as those functions exercisable by the Transport Tribunal by virtue of section 39(6) of the Transport (Scotland) Act 2001 in relation to a penalty imposed under any paragraph of section 39(1) of that Act except paragraph (d) (failure to comply with a requirement of regulations made under section 181A of the Equality Act 2010).

Regulation 3 and schedule 1 make transitional and saving provisions in relation to on-going casework.

Regulation 4 and schedule 2 make consequential amendments to the Transport (Scotland) Act 2001 to reflect certain functions of the Transport Tribunal are transferred to the Upper Tribunal for Scotland.