Tribunals (Scotland) Act 2014 - Draft Regulations Consultation

Part 3: Draft regulations transferring certain functions of the Transport Tribunal to the Upper Tribunal

22. Section 28(2) of the 2014 Act provides the Scottish Ministers a power to make regulations to transfer some or all of the functions of the listed tribunals in schedule 1 of the 2014 Act to the First-tier Tribunal only; the Upper Tribunal only; or the First-tier Tribunal and the Upper Tribunal.

23. The draft regulations in Annex B provide for the specified functions of the Transport Tribunal to be transferred to the Upper Tribunal. The draft regulations specify those functions are the appeal functions exercised by the Transport Tribunal under section 39 of the 2001 Act in relation to penalties imposed under any paragraph of section 39(1) except for paragraph (d) (i.e. excluding appeals of penalties imposed for a failure to comply with a requirement of regulations made under section 181A of the Equality Act 2010). The draft regulations also make transitional and saving provisions in relation to the ongoing casework of the Transport Tribunal, and make consequential amendments to the 2001 Act.

Questions on the draft regulations transferring certain functions of the Transport Tribunal to the Upper Tribunal

Q2: Do you have any comments on the draft regulations (Annex B) relating to the transfer of certain appeal functions under section 39 of the 2001 Act to the Upper Tribunal?

Q3: Do you have any further comments you wish to make regarding the transfer of these functions to the Upper Tribunal?