Tribunals (Scotland) Act 2014 - Draft Regulations Consultation

Part 4: Draft regulations providing for appeals relating to BSIP service standards decisions to be heard by the Upper Tribunal

24. The draft regulations in Annex C make provision for appeals relating to BSIP service standards decisions listed in section 6M of the 1985 Act (“service standards decisions”).

25. As noted in paragraph 13 above, the 2019 Act introduces bus services improvement partnerships (“BSIPs”). BSIPs involve local transport authorities formulating a plan with bus operators in their area with the aim of improving bus services in the area. A key part of the BSIP model is the setting of service standards with which all qualifying local operators within the BSIP area must comply.

26. Service standards decisions are decisions taken by the Traffic Commissioner in connection with the registration of a local service under section 6 of the 1985 Act and service standards imposed by a BSIP.

27. These draft regulations provide appeals may be raised against service standards decisions in the Upper Tribunal. An appeal may be raised by the operator (or would-be operator) of the service to which the service standards decision relates or the local transport authority who made the BSIP scheme to which the service standards decision relates. The draft regulations also provide that when the BSIP scheme is made by multiple local transport authorities acting jointly, those authorities may raise an appeal jointly.

Questions on the draft regulations providing for appeals relating to BSIP service standards decisions to be heard by the Upper Tribunal

Q4: Do you have any comments on the draft regulations (Annex C) providing for appeals relating to service standards decisions in the Upper Tribunal?

Q5: Do you have any further comments you wish to make regarding the allocation of these functions to the Upper Tribunal?