Tribunals (Scotland) Act 2014 - Draft Regulations Consultation

Annex E: Draft regulations relating to Part 6: The Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024

Draft Scottish Statutory Instruments

2024 No.

Tribunals and Inquiries

The Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024

Made - - - - ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10(2) and (3) and 40(1), (3) and (4) of the Tribunals (Scotland) Act 2014(^a), and all other powers enabling them to do so.

In accordance with section 11(2) of that Act, they have consulted the President of Tribunals.

In accordance with section 79(2)(c) 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 Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024 and come into force on [***].

(2) In these Regulations—

“bus service penalty case” means proceedings relating to an appeal 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),

“service standards decision case” means proceedings relating to an appeal under regulation 2 of the Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024(^d), and

“Upper Tribunal” means the Upper Tribunal for Scotland.

Composition of Upper Tribunal

2.—(1) The Upper Tribunal, when deciding a bus service penalty case or a service standards decision case, must consist of—

(a) a legal or judicial member of the Upper Tribunal acting alone,

(b) two or three legal or judicial members of the Upper Tribunal, or

(c) the President of Tribunals, acting alone or with no more than two legal or judicial members of the Upper Tribunal.

(2) The authority to determine the composition of the Upper Tribunal in respect of the alternative compositions referred to in paragraph (1) is delegated to the President of Tribunals, including determining whether a member is to be a legal member or a judicial member.

[Name]

Authorised to sign by the Scottish Ministers

St. Andrew’s House,

Edinburgh

[***]

^(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.

^(d) [***]

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as to the composition of the Upper Tribunal when dealing with certain appeals under section 39(6) of the Transport (Scotland) Act 2001 and appeals under the Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024.

The Upper Tribunal was established by the Tribunals (Scotland) Act 2014. Members of the Upper Tribunal can be ordinary members, legal members or judicial members according to criteria set out in the Tribunals (Scotland) Act 2014 and regulations made under that Act. This instrument sets out which member or members may hear the appeals referred to in the paragraph above.