# Tribunals (Scotland) Act 2014

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# Tribunals (Scotland) Act 2014

# 2014 asp 10                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th March 2014 and received Royal Assent                        on 15th April 2014                     

An Act of the Scottish Parliament to establish the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland; and                        for connected purposes.                     

## **PART 1**SThe Scottish Tribunals

### CHAPTER 1SEstablishment and leadership

#### Establishment and headship etc.S

##### 1Establishment of the TribunalsS

##### 2Head of the TribunalsS

##### 3Upholding independenceS

#### President of the TribunalsS

##### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 5Functions of officeS

### CHAPTER 2SOverarching responsibilities

#### Head of the TribunalsS

##### 6Representation of interestsS

##### 7Business arrangementsS

##### 8Delegation of functionsS

##### 9Directions on functionsS

#### Regulations by MinistersS

##### 10Authority under regulationsS

##### 11Consultation on regulationsS

#### Guiding principleS

##### 12Principle to be observedS

## **PART 2**SOrganisational arrangements

### CHAPTER 1SMembership types

#### Overview and main typesS

##### 13Overview of membershipS

##### 14Capacity of membersS

##### 15First-tier membersS

##### 16Upper membersS

#### Judiciary eligible to sitS

##### 17Sheriffs and judgesS

##### 18Authorisation of othersS

##### 19Judicial membershipS

### CHAPTER 2SInternal structure

#### Structure of First-tier TribunalS

##### 20Chambers in the TribunalS

##### 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 22Appointment to postS

#### Structure of Upper TribunalS

##### 23Divisions of the TribunalS

##### 24Vice-PresidentsS

##### 25Assignment to postS

##### 26Appointment to postS

## **PART 3**SAcquisition of functions

### Transfer-in from listed tribunalsS

#### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 28Transfer-in of functionsS

#### 29Transfer-in of membersS

### Conferral of functions by another ActS

#### 30Accommodation of functionsS

#### 31Redistribution of functionsS

## **PART 4**SMore about membership etc.

### Appointment and assignmentS

#### 32Scheduled provisionsS

(1)Schedule 3 contains provision for the First-tier Tribunal about eligibility for and appointment to—                  

(a)ordinary membership,                  

(b)legal membership.                  

(2)Schedule 4 contains provision for the First-tier Tribunal relating to—                  

(a)appointment or assignment to—                  

(i)a Deputy position,                  

(ii)a Temporary position,                  

(b)assignment of ordinary, legal and judicial members.                  

(3)Schedule 5 contains provision for the Upper Tribunal about eligibility for and appointment to—                  

(a)ordinary membership,                  

(b)legal membership.                  

(4)Schedule 6 contains provision for the Upper Tribunal relating to—                  

(a)assignment to a Temporary position,                  

(b)assignment of ordinary, legal and judicial members.                  

#### 33Assignment policyS

(1)The Lord President must publish a document recording the policy adopted in relation to the assignment of the ordinary, legal                        and judicial members within each of the First-tier Tribunal and the Upper Tribunal.                  

(2)The Lord President must—                  

(a)keep the assignment policy under review,                  

(b)re-publish it if it is amended materially.                  

(3)The assignment policy—                  

(a)must be in terms designed to secure that appropriate use is made of the knowledge and experience of the members of the Scottish                        Tribunals (including their expertise in a particular area of the law),                  

(b)may include—                  

(i)specific provision for each of the Tribunals,                  

(ii)different provision for different purposes in any other respects.                  

### Training, conditions and conductS

#### 34Training and reviewS

(1)The Lord President is responsible for making and maintaining appropriate arrangements for the training and guidance—                  

(a)of the ordinary members, legal members and judicial members of the Scottish Tribunals,                  

(b)for the purpose of acting as mentioned in section 18(4), of any extra judges who are authorised to act as so mentioned.                  

(2)The Lord President may make arrangements for the review of the ordinary members and legal members of the Scottish Tribunals.                  

(3)Arrangements under subsection (1) or (2) may (in particular) require participation in activities for the purpose of training,                        guidance or review.                  

(4)For the purpose of subsection (2), “review” includes ad hoc or continuing review of professional competency and development.                  

#### 35Conditions of membership etc.S

(1)Schedule 7 contains provision for the terms and conditions on which ordinary and legal members of the Scottish Tribunals hold                        their positions.                  

(2)The Scottish Ministers may by regulations make provision enabling a relevant appointment or transfer to be made or have effect                        in such terms as to cause a person to hold permanently the type of membership or (as the case may be) particular position                        in question.                  

(3)The Scottish Ministers must consult the President of Tribunals before—                  

(a)making regulations under subsection (2), or                  

(b)exercising in relation to a relevant appointment or transfer the discretion allowed by such regulations.                  

(4)The operation of paragraphs 2 to 8 of schedule 7 is subject to provision made by regulations under subsection (2).                  

(5)For the purposes of subsection (2)—                  

(a)a relevant appointment is appointment or reappointment by the Scottish Ministers—                  

(i)of a person as an ordinary or legal member of the Scottish Tribunals,                  

(ii)of a legal member of the First-tier Tribunal as a Chamber President or Deputy Chamber President in the Tribunal, or                  

(iii)of a legal member of the Upper Tribunal as a Vice-President of the Tribunal,                  

(b)a relevant transfer is transfer-in to the Scottish Tribunals—                  

(i)of a person as an ordinary or legal member of the Tribunals by virtue of section 29(b), or                  

(ii)of a person to a particular position within the Tribunals by virtue of section 29(a).                  

#### 36Conduct and fitness etc.S

Schedule 8 contains provision for and in connection with—

(a)investigation of members' conduct and imposition of disciplinary measures,                  

(b)assessment of members' fitness for position and removal from position.                  

## **PART 5**SDecision-making and composition

### Decisions in First-tier TribunalS

#### 37Decisions in the TribunalS

(1)The First-tier Tribunal's function of deciding any matter in a case before the Tribunal is to be exercised by one, or two                        or more, of the members of the Tribunal chamber to which the case is allocated.                  

(2)The member or members are to be chosen by the Chamber President of the chamber (who may choose himself or herself).                  

(3)The Chamber President's discretion in choosing the member or members is subject to—                  

(a)any relevant provisions in regulations made under section 38(1),                  

(b)any relevant directions given by virtue of section 47(5)(b).                  

(4)In this section—                  
          -  “Tribunal chamber” means chamber of the Tribunal,                         
          -  “member”, in relation to a Tribunal chamber, means ordinary, legal or judicial member of the Tribunal who is assigned to the chamber.                         

#### 38Composition of the TribunalS

(1)The Scottish Ministers may by regulations make provision for determining the composition of the First-tier Tribunal when convened                        to decide any matter in a case before the Tribunal.                  

(2)Where regulations under subsection (1) provide for a matter to be decided by a single member of the Tribunal, the regulations                        must include provision for determining whether the single member is to be an ordinary, legal or judicial member of the Tribunal.                  

(3)Where regulations under subsection (1) provide for a matter to be decided by two or more members of the Tribunal, the regulations                        must include provision for determining how many (if any) of those members are to be—                  

(a)an ordinary member,                  

(b)a legal member,                  

(c)a judicial member.                  

(4)Regulations under subsection (1) may include provision for determining what relevant criteria are to be met by an ordinary                        member of the Tribunal for the member's involvement in decision-making in particular types of case.                  

(5)In subsection (4), “relevant criteria” includes criteria as to qualifications, experience and training.                  

### Decisions in Upper TribunalS

#### 39Decisions in the TribunalS

(1)The Upper Tribunal's function of deciding any matter in a case before the Tribunal is to be exercised by one, or two or more,                        of the members of the Tribunal division to which the case is allocated.                  

(2)The member or members are to be chosen by the Vice-President of the division (who may choose himself or herself).                  

(3)The Vice-President's discretion in choosing the member or members is subject to—                  

(a)subsection (4),                  

(b)any relevant provisions in regulations made under section 40(1),                  

(c)any relevant directions given by virtue of section 49(5)(b).                  

(4)Each of the Lord President and the President of Tribunals has the right to be chosen and may exercise that right as he or                        she considers appropriate (but this is also subject to any relevant provisions in regulations made under section 40(1)).                  

(5)In this section—                  
          -  “Tribunal division” means division of the Tribunal,                         
          -  “member”, in relation to a Tribunal division—                          (a)
means ordinary, legal or judicial member of the Tribunal who is assigned to the division,
(b)
while assigned to the division, also includes an extra judge who is authorised to act as mentioned in section 18(4).
 

#### 40Composition of the TribunalS

(1)The Scottish Ministers may by regulations make provision for determining the composition of the Upper Tribunal when convened                        to decide any matter in a case before the Tribunal.                  

(2)Regulations under subsection (1) may treat separately the Tribunal's decision-making functions—                  

(a)at first instance,                  

(b)on review or appeal.                  

(3)Where regulations under subsection (1) provide for a matter to be decided by a single member of the Tribunal, the regulations                        must include provision for determining whether the single member is to be an ordinary, legal or judicial member of the Tribunal.                  

(4)Where regulations under subsection (1) provide for a matter to be decided by two or more members of the Tribunal, the regulations                        must include provision for determining how many (if any) of those members are to be—                  

(a)an ordinary member,                  

(b)a legal member,                  

(c)a judicial member.                  

(5)Regulations under subsection (1) may include provision about the involvement in decision-making of—                  

(a)a judicial member of a particular description,                  

(b)an extra judge who is authorised to act as mentioned in section 18(4).                  

(6)Regulations under subsection (1) may include provision for determining what relevant criteria are to be met by an ordinary                        member of the Tribunal for the member's involvement in decision-making in particular types of case.                  

(7)In subsection (6), “relevant criteria” includes criteria as to qualifications, experience and training.                  

### Voting where two or more membersS

#### 41Voting for decisionsS

(1)The Scottish Ministers may by regulations make provision for the purposes of sections 37(1) and 39(1) in so far as a matter                        in a case before the First-tier Tribunal or the Upper Tribunal is to be decided by two or more members of the Tribunal, including—                  

(a)for a decision to be made unanimously or by majority,                  

(b)where a decision is to be made by majority, for the chairing member to have a casting vote in the event of a tie.                  

(2)Subsection (1) applies in relation to the Upper Tribunal as if an extra judge who is authorised to act as mentioned in section                        18(4) were a member of the Tribunal (with section 42(1) so applying accordingly).                  

#### 42Chairing membersS

(1)Tribunal Rules may make provision for determining the question as to who is to be the chairing member where a matter in a                        case before the First-tier Tribunal or the Upper Tribunal is to be decided by two or more members of the Tribunal.                  

(2)Rules making provision as described in subsection (1) may (in particular)—                  

(a)allow the President of Tribunals to determine the question,                  

(b)specify criteria as against which the question is to be determined (including by reference to type of member or particular                        expertise).                  

## **PART 6**SReview or appeal of decisions

### CHAPTER 1STribunal decisions

#### Internal reviewS

##### 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 44Actions on reviewS

##### 45Review once onlyS

#### Appeal from First-tier TribunalS

##### 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 47Disposal of an appealS

#### Appeal from Upper TribunalS

##### 48Appeal from the TribunalS

##### 49Disposal of an appealS

##### 50Procedure on second appealS

#### Excluded decisionsS

##### 51Excluded decisionsS

##### 52Decisions on reviewS

##### 53Other appeal rightsS

##### 54Position on transfer-inS

#### Miscellaneous procedureS

##### 55Process for permissionS

##### 56Participation of non-partiesS

### CHAPTER 2SSpecial jurisdiction

#### 57Judicial review casesS

#### 58Decision on remittalS

#### 59Additional mattersS

#### 60Meaning of judicial reviewS

## **PART 7**SPowers, procedure and administration

### CHAPTER 1SPowers and enforcement

#### Cases and proceedingsS

##### 61Venue for hearingsS

(1)Each of the First-tier Tribunal and the Upper Tribunal may be convened at any time and place in Scotland to hear or decide                        a case or for any other purpose relating to its functions.                  

(2)Subsection (1) is subject to any provision made by Tribunal Rules as to the question of when and where in Scotland the Scottish                        Tribunals are to be convened (and such Rules may allow the President of Tribunals to determine the question).                  

##### 62Conduct of casesS

(1)In relation to the things mentioned in subsection (3), each of the First-tier Tribunal and the Upper Tribunal has such powers,                        rights, privileges and other authority with respect to any case before it as are provided for in Tribunal Rules.                  

(2)Rules making provision for the purpose of subsection (1) may (in particular) do so in relation to any kind of authority by                        reference to any authority of a relevant description exercisable by the sheriff or the Court of Session.                  

(3)The things are—                  

(a)the citation, attendance or examination of witnesses,                  

(b)the recovery, production or inspection of relevant materials,                  

(c)the commissioning of reports of any relevant type,                  

(d)other procedural, evidential or similar measures.                  

(4)In subsection (3)(b), “materials” means documents and other items.                  

##### 63Enforcement of decisionsS

(1)A decision made by the First-tier Tribunal or the Upper Tribunal in any matter in a case before it is enforceable by the means                        provided for in Tribunal Rules.                  

(2)Subsection (1) applies to a decision—                  

(a)on the merits of such a case,                  

(b)as to—                  

(i)payment of a sum of money, or                  

(ii)expenses by virtue of section 64, or                  

(c)otherwise affecting the rights, obligations or interests of a party in such a case.                  

(3)Subsection (1) is subject to section 58(3) as respects a determination to which that section relates.                  

(4)Rules making provision for the purpose of subsection (1) may (in particular) do so in relation to a relevant order by reference                        to the means of enforcing an order of the sheriff or the Court of Session.                  

(5)In subsection (4), “relevant order” means order of either of the Tribunals giving effect to a decision to which subsection (1) applies.                  

##### 64Award of expensesS

(1)In connection with proceedings in a case before the First-tier Tribunal or the Upper Tribunal, the Tribunal may award expenses                        so far as allowed in accordance with Tribunal Rules.                  

(2)Where such expenses are awarded, the awarding Tribunal is to specify by and to whom they are to be paid (and to what extent).                  

(3)Tribunal Rules may make provision—                  

(a)for scales or rates of awardable expenses,                  

(b)for—                  

(i)such expenses to be set-off against any relevant sums,                  

(ii)interest at the specified rate to be chargeable on such expenses where unpaid,                  

(c)stating the general or particular factors to be taken into account when exercising discretion as to such expenses,                  

(d)about such expenses in other respects.                  

(4)Tribunal Rules may make provision—                  

(a)for disallowing any wasted expenses,                  

(b)for requiring a person who has given rise to such expenses to meet them.                  

(5)Rules making provision as described in subsection (3) or (4) may also prescribe meanings for “relevant sums”, “specified rate”                        and “wasted expenses” as used in this section.                  

#### Supplementary provisionsS

##### 65Additional powersS

(1)The Scottish Ministers may by regulations confer on the First-tier Tribunal and the Upper Tribunal such additional powers                        as are necessary or expedient for the proper exercise of their functions.                  

(2)Regulations under subsection (1) may include provision—                  

(a)relying on the effect of an act of sederunt made by the Court of Session,                  

(b)causing Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 to apply to the making of a relevant                        act of sederunt as it does to the making of Tribunal Rules.                  

(3)Before making regulations under subsection (1), the Scottish Ministers must obtain the Lord President's approval.                  

##### 66Application of enactmentsS

(1)The Scottish Ministers may by regulations modify the application of any enactment so far as they consider to be necessary                        or expedient for the purposes of or in connection with the matters to which this subsection applies.                  

(2)Regulations under subsection (1) may include provision—                  

(a)relying on the effect of an act of sederunt made by the Court of Session,                  

(b)causing Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 to apply to the making of a relevant                        act of sederunt as it does to the making of Tribunal Rules.                  

(3)Subsection (1) applies to—                  

(a)the making of Tribunal Rules,                  

(b)the effect of—                  

(i)this Part, or                  

(ii)Tribunal Rules.                  

(4)Before making regulations under subsection (1), the Scottish Ministers must obtain the Lord President's approval.                  

##### 67Offences in relation to proceedingsS

(1)The Scottish Ministers may by regulations make provision, in relation to proceedings before the First-tier Tribunal or the                        Upper Tribunal—                  

(a)for offences and penalties—                  

(i)for making a false statement in an application in a case,                  

(ii)for failure by a person to attend, or give evidence in, such proceedings when required to do so in accordance with Tribunal                        Rules,                  

(iii)for alteration, concealment or destruction by a person of, or failure by a person to produce, something that is required to                        be produced in such proceedings in accordance with Tribunal Rules,                  

(b)about the circumstances in which a person need not give evidence or produce something (for example, where a person could not                        be compelled to give evidence or produce something in proceedings in a case before the sheriff or in the Court of Session).                  

(2)The maximum penalties that may be provided for in regulations under subsection (1) are—                  

(a)for an offence triable summarily only, imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on                        the standard scale (or both),                  

(b)for an offence triable either summarily or on indictment—                  

(i)on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),                  

(ii)on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine (or both).                  

(3)Before making regulations under subsection (1), the Scottish Ministers must obtain the Lord President's approval.                  

### CHAPTER 2SPractice and procedure

#### Tribunal RulesS

##### 68Tribunal RulesS

(1)There are to be rules—                  

(a)regulating the practice and procedure to be followed in proceedings at—                  

(i)the First-tier Tribunal,                  

(ii)the Upper Tribunal, and                  

(b)containing provision of other sorts appropriate with respect to the Scottish Tribunals (including in relation to the exercise                        by them of their functions).                  

(2)Rules of the kind mentioned in subsection (1) are to be known as Scottish Tribunal Rules (and in this Act they are referred                        to as Tribunal Rules).                  

(3)Tribunal Rules are to be made by the Court of Session by act of sederunt.                  

(4)Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 includes further provision about the making                        of Tribunal Rules.                  

##### 69Exercise of functionsS

(1)Tribunal Rules may confer functions on the persons mentioned in subsection (5) or the other members of the Scottish Tribunals.                  

(2)Tribunal Rules may, in relation to any functions exercisable by the persons mentioned in subsection (5) or the other members                        of the Scottish Tribunals—                  

(a)state—                  

(i)how a function is to be exercised,                  

(ii)who is to exercise a function,                  

(b)cause something to require further authorisation,                  

(c)permit something to be done on a person's behalf,                  

(d)allow a specified person to make a decision about any of those matters.                  

(3)Tribunal Rules may make provision relying on the effect of directions issued, or to be issued, under section 74.                  

(4)Neither Tribunal Rules nor directions under section 74 may make provision altering the operation of section 37(1) or 39(1).                  

(5)For the purposes of subsections (1) and (2), the persons are—                  

(a)the Lord President,                  

(b)the President of Tribunals,                  

(c)in the First-tier Tribunal—                  

(i)a Chamber President,                  

(ii)a Deputy Chamber President,                  

(d)a Vice-President of the Upper Tribunal.                  

##### 70Extent of rule-makingS

(1)Tribunal Rules may make—                  

(a)provision applying—                  

(i)equally to both of the First-tier Tribunal and the Upper Tribunal, or                  

(ii)specifically to one of them,                  

(b)particular provision for each of them about the same matter.                  

(2)Tribunal Rules may make particular provision for different—                  

(a)chambers or divisions,                  

(b)types of proceedings.                  

(3)Tribunal Rules may make different provision for different purposes in any other respects.                  

(4)The generality of section 68(1) is not limited by—                  

(a)sections 71 to 73, or                  

(b)any other provisions of this Act about the content of Tribunal Rules.                  

(5)As well as Chapter 1, see (for example) sections 28(5), 42(1), 43(3)(b) and 59(2).                  

#### Particular mattersS

##### 71Proceedings and stepsS

(1)Tribunal Rules may make provision about proceedings in a case before the Scottish Tribunals.                  

(2)Rules making provision as described in subsection (1) may (in particular)—                  

(a)provide for the form and manner in which a case is to be brought,                  

(b)allow for the withdrawal of a case (with or without restrictions on subsequent proceedings as respects the same matter),                  

(c)set time limits for—                  

(i)making applications,                  

(ii)taking particular steps,                  

(d)enable two or more applications to be conjoined in certain circumstances,                  

(e)specify circumstances in which the Tribunals may take particular steps of their own initiative.                  

##### 72Hearings in casesS

(1)Tribunal Rules may make provision about hearings in a case before the Scottish Tribunals.                  

(2)Rules making provision as described in subsection (1) may (in particular)—                  

(a)provide for certain matters to be dealt with—                  

(i)without a hearing,                  

(ii)at a private hearing,                  

(iii)at a public hearing,                  

(b)require notice to be given of a hearing (and for the timing of such notice),                  

(c)specify persons who may—                  

(i)appear on behalf of a party in a case,                  

(ii)attend a hearing in order to provide support to a party or witness in a case,                  

(d)specify circumstances in which particular persons may appear or be represented at a hearing,                  

(e)specify circumstances in which a hearing may go ahead—                  

(i)at the request of a party in a case despite no notice of it having been given to another party in the case,                  

(ii)in the absence of a particular member chosen to exercise the function of deciding any matter in a case,                  

(f)enable two or more sets of proceedings to be taken concurrently at a hearing in certain circumstances,                  

(g)allow for an adjournment of a hearing for the purpose of giving the parties in a case an opportunity to use a process of negotiation,                        mediation, arbitration or adjudication for resolving a dispute to which the case relates,                  

(h)allow for the imposition of reporting restrictions for particular reasons arising in a case.                  

##### 73Evidence and decisionsS

(1)Tribunal Rules may, in connection with proceedings before the Scottish Tribunals—                  

(a)make provision about the giving of evidence and the administering of oaths,                  

(b)modify the application of any other rules relating to either of those matters so far as they would otherwise apply to such                        proceedings.                  

(2)Tribunal Rules may, in connection with proceedings before the Scottish Tribunals, provide for the payment of expenses and                        allowances to a person who—                  

(a)gives evidence,                  

(b)produces a document, or                  

(c)attends such proceedings (or is required to do so).                  

(3)Tribunal Rules may, in connection with proceedings before the Scottish Tribunals, make provision by way of presumption (for                        example, as to the serving of something on somebody).                  

(4)Tribunal Rules may make provision about decisions of the Scottish Tribunals, including as to—                  

(a)the manner in which such decisions are to be made,                  

(b)the incorporation in such decisions of findings in fact,                  

(c)the recording, issuing and publication of such decisions.                  

#### Issuing directionsS

##### 74Practice directionsS

(1)The President of Tribunals may issue directions as to the practice and procedure to be followed in proceedings at—                  

(a)the First-tier Tribunal,                  

(b)the Upper Tribunal.                  

(2)A Chamber President in the First-tier Tribunal may issue directions as to the practice and procedure to be followed in proceedings                        in the chamber over which the Chamber President presides.                  

(3)A Vice-President of the Upper Tribunal may issue directions as to the practice and procedure to be followed in proceedings                        in the division over which the Vice-President presides.                  

(4)Directions under subsection (2) or (3) may not be issued without the approval of the President of Tribunals.                  

##### 75Publication and effectS

(1)The President of Tribunals must arrange for directions under section 74(1), (2) or (3) to be published in such manner as the                        President of Tribunals considers appropriate.                  

(2)Directions under section 74(1), (2) or (3) may—                  

(a)vary or revoke earlier such directions,                  

(b)make different provision for different purposes (in the same respects as Tribunal Rules).                  

(3)If (and to the extent that) any conflict arises between—                  

(a)directions issued under section 74(1), and                  

(b)directions issued under section 74(2) or (3),                  

those issued under section 74(1) are to prevail.

### CHAPTER 3SFees and administration

#### 76Tribunal feesS

(1)The Scottish Ministers may by regulations make provision for the reasonable fees that are to be payable in respect of any                        matter that may be dealt with by the Scottish Tribunals.                  

(2)Regulations under subsection (1) may provide for (in particular)—                  

(a)scales or rates of fees,                  

(b)in relation to fees—                  

(i)reduction in amount,                  

(ii)exemption or waiver.                  

(3)Before making regulations under subsection (1), the Scottish Ministers must consult—                  

(a)the Lord President,                  

(b)to such extent as they consider appropriate, persons having an interest in the operation and business of the Scottish Tribunals.                  

Prospective

#### No commentary item could be found for this reference M_F_5fe04298-8447-446b-a8d5-70bf000ee70577Administrative supportS

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#### 78Annual reportingS

(1)The President of Tribunals is to prepare an annual report about the operation and business of the Scottish Tribunals.                  

(2)An annual report is to be given to the Lord President at the end of each financial year.                  

(3)An annual report—                  

(a)must explain how the Scottish Tribunals have exercised their functions during the financial year,                  

(b)may contain such other information as—                  

(i)the President of Tribunals considers appropriate, or                  

(ii)the Lord President requires to be covered.                  

(4)The Lord President must—                  

(a)publish each annual report in a manner suitable for bringing it to the attention of persons having an interest in the operation                        and business of the Scottish Tribunals,                  

(b)before so publishing it, send a copy of the report to the Scottish Ministers.                  

## **PART 8**SFinal provisions

### General and ancillaryS

#### 79Regulation-makingS

(1)Regulations under the preceding Parts of this Act may—                  

(a)make different provision for different purposes,                  

(b)include supplemental, incidental, consequential, transitional, transitory or saving provision.                  

(2)Regulations under the following provisions of those Parts are subject to the affirmative procedure—                  

(a)section 20(2) or 23(2),                  

(b)section 27(2) or 28(2),                  

(c)section 38(1), 40(1) or 41(1),                  

(d)section 65(1), 66(1) or 67(1).                  

(3)Regulations under any other provisions of those Parts are subject to the negative procedure.                  

#### 80Ancillary regulationsS

(1)The Scottish Ministers may by regulations make such supplemental, incidental, consequential, transitional, transitory or saving                        provision as they consider necessary or expedient for the purposes of or in connection with this Act.                  

(2)Regulations under this section—                  

(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act),                  

(b)otherwise, are subject to the negative procedure.                  

#### 81Transitional and consequentialS

For the purposes of or in connection with this Act, schedule 9 contains—

(a)transitional and other provision,                  

(b)modification of enactments.                  

### Interpretation, commencement and short titleS

#### 82InterpretationS

(1)In this Act, “Lord President” means Lord President of the Court of Session.                  

(2)Schedule 10 is an index of expressions used in this Act together with a note of some key provisions.                  

#### 83CommencementS

(1)Section 82, this section and section 84 come into force on the day after Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.                  

(3)An order under subsection (2) may include transitional, transitory or saving provision.                  

#### 84Short titleS

The short title of this Act is the Tribunals (Scotland) Act 2014.

## SCHEDULE 1SListed tribunals

 (introduced by section 27)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## SCHEDULE 2STransfer-in of members

 (introduced by section 29)

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

2SSubject to the relevant provisions of schedule 7, regulations under paragraph 1(1) may contain provision for the terms and                        conditions under which the persons concerned are to hold those positions, including by—

(a)preserving or altering the terms and conditions under which they are members of a listed tribunal, or

(b)replacing those terms and conditions with new ones.

3(1)Regulations under paragraph 1(1) may be made only where some or all functions of the tribunal have been, or are to be, transferred                        by regulations under section 28(2) (whenever made).S

(2)Regulations under paragraph 1(1) must not cause any of the persons concerned to become the holder of any particular or other                        position to which the person would not be eligible for appointment under the relevant provisions of schedules 3 to 6.

(3)A particular instrument containing regulations under paragraph 1(1) may not relate to the members of more than one of the                        listed tribunals.

4(1)In relation to the First-tier Tribunal—S

(a)the particular positions are—

(i)Chamber President in the Tribunal,

(ii)Deputy Chamber President in the Tribunal,

(b)the other positions are—

(i)ordinary member of the Tribunal,

(ii)legal member of the Tribunal (apart from Chamber President (or Deputy)).

(2)In relation to the Upper Tribunal—

(a)the particular position is Vice-President of the Tribunal,

(b)the other positions are—

(i)ordinary member of the Tribunal,

(ii)legal member of the Tribunal (apart from Vice-President).

## SCHEDULE 3SAppointment to First-tier Tribunal

 (introduced by section 32)

### **PART 1**SOrdinary members

#### Appointment and eligibilityS

1(1)It is for the Scottish Ministers to appoint a person as an ordinary member of the First-tier Tribunal.S

(2)A person is eligible for such appointment only if the person meets such relevant criteria as are prescribed by the Scottish                        Ministers in regulations.

2SIn paragraph 1(2), “relevant criteria” includes criteria as to qualifications, experience and training.

### **PART 2**SLegal members

#### Application of PartS

3(1)This schedule Part applies in relation to appointment of the legal members of the First-tier Tribunal other than—S

(a)a Chamber President in the Tribunal, or

(b)a Deputy Chamber President in the Tribunal.

(2)The references in this schedule Part to a legal member of the First-tier Tribunal are to be read accordingly.

#### Appointment and eligibilityS

4(1)It is for the Scottish Ministers to appoint a person as a legal member of the First-tier Tribunal.S

(2)A person is eligible for such appointment only if qualifying under paragraph 5(1) or (2).

5(1)A person qualifies under this sub-paragraph if the person is practising, and has practised for a period of not less than 5                        years, as a solicitor or advocate in Scotland.S

(2)A person qualifies under this sub-paragraph if the person falls within a description specified by the Scottish Ministers by                        regulations.

#### Eligibility under regulationsS

6(1)Regulations under paragraph 5(2) may specify a description of a person by reference to the matters mentioned in sub-paragraph                        (2), (3) or (4).S

(2)That is—

(a)current practice as a solicitor or barrister in England and Wales or Northern Ireland, and

(b)engagement in practice as such for a period of not less than 5 years.

(3)That is—

(a)previous engagement in practice for a period of not less than 5 years, as—

(i)a solicitor or advocate in Scotland, or

(ii)a solicitor or barrister in England and Wales or Northern Ireland, and

(b)subsequent engagement in any of the activities listed in sub-paragraph (5).

(4)That is, suitability attributable to experience in law through current or previous engagement in—

(a)any of the activities listed in sub-paragraph (5),

(b)an activity that is of a broadly similar nature to any of the activities listed in that sub-paragraph.

(5)The activities are—

(a)exercising judicial functions in any court or tribunal,

(b)practice or employment as a lawyer of any kind,

(c)whether or not in the course of practice or employment as a lawyer—

(i)advising on the application of the law,

(ii)drafting documents intended to affect rights or obligations under the law,

(iii)assisting persons involved in a legal or other process for the resolution of disputes as to the law,

(iv)acting as a mediator or arbitrator for the purpose of resolving disputes that are (or could be) the matter of legal proceedings,

(d)teaching or researching law at or for an educational institution.

7(1)The Scottish Ministers may by regulations make provision—S

(a)as regards the calculation of the 5-year period mentioned in paragraph 5(1) or 6(2)(b) or (3)(a) (for example, by reference                        to recent or continuous time),

(b)to which paragraph 6(3)(a) is subject (for example, by reference to debarment from practice),

(c)for the purpose of paragraph 6(4), about—

(i)the criteria for suitability (for example, by reference to equivalence to past or present practice as a solicitor),

(ii)the nature of experience required (for example, by reference to engagement for a particular period of time (within the United                        Kingdom or elsewhere)).

(2)The Scottish Ministers may by regulations modify the list in paragraph 6(5).

## SCHEDULE 4SPositions in First-tier Tribunal

 (introduced by section 32)

### **PART 1**SDeputy or Temporary President

#### Deputy PresidentS

1SIf requested to do so by the President of Tribunals, the Scottish Ministers may appoint a person as a Deputy Chamber President                        of a particular chamber in the First-tier Tribunal.

2(1)A person is eligible for appointment as a Deputy Chamber President only if the person is—S

(a)a legal member of the First-tier Tribunal (other than a Chamber President), or

(b)if not falling within paragraph (a), eligible to be appointed as such a member (whether or not already any type of member                        of the First-tier or Upper Tribunal).

(2)Before requesting that a person be appointed as a Deputy Chamber President, the President of Tribunals must consult the Chamber                        President of the chamber concerned.

(3)If the Scottish Ministers decide not to make an appointment as a Deputy Chamber President, they must give the President of                        Tribunals written reasons.

3(1)The functions of a Chamber President are exercisable by a Deputy Chamber President to such extent and in such manner as the                        Chamber President may direct.S

(2)Except where the context otherwise requires, a reference in or under this Act to a Chamber President excludes a Deputy Chamber                        President.

#### Temporary PresidentS

4SIf there is a temporary vacancy in the presidency of a particular chamber, the President of Tribunals may assign a person                        as a Temporary Chamber President during the vacancy.

5(1)A person is eligible to be assigned as a Temporary Chamber President only if the person is a legal or judicial member of the                        First-tier Tribunal (other than a Chamber President).S

(2)The functions of a Chamber President are exercisable by a Temporary Chamber President.

(3)Except where the context otherwise requires, a reference in or under this Act to a Chamber President includes a Temporary                        Chamber President.

### **PART 2**SAssignment internally

#### Assignment by the President of TribunalsS

6(1)The President of Tribunals has the function of assigning the members of the First-tier Tribunal among the chambers (including                        re-assignment or ending assignment).S

(2)The President of Tribunals is to assign those members among the chambers in accordance with paragraphs 7 to 9.

#### Assignment of Chamber PresidentsS

7(1)A Chamber President of a chamber—S

(a)is to be assigned to that chamber,

(b)may be assigned to act as a legal member also in another chamber.

(2)A Deputy Chamber President of a chamber—

(a)is to be assigned to that chamber,

(b)may be assigned to act as a legal member also in another chamber,

(c)is to act as such under the direction of the Chamber President of any chamber to which assigned.

(3)Assignment under sub-paragraph (1)(b) or (2)(b) is to act otherwise than as a Chamber President or Deputy Chamber President                        in the other chamber.

(4)Assignment under sub-paragraph (1)(b) or (2)(b) requires—

(a)the concurrence of the Chamber President of the other chamber, and

(b)the agreement of the member concerned.

#### Assignment of other membersS

8(1)This paragraph applies in relation to an ordinary member or legal member by virtue of—S

(a)appointment as such, or

(b)transfer-in as such.

(2)Each member to whom this paragraph applies—

(a)is to be assigned to at least one of the chambers,

(b)may be assigned to different chambers at different times.

(3)Any such member may be assigned to a particular chamber only with—

(a)the concurrence of its Chamber President, and

(b)the agreement of the member concerned.

(4)The assignment of any such member to a particular chamber may be ended only with the concurrence of its Chamber President.

(5)This paragraph does not apply to a legal member to whom paragraph 7(1) or (2) relates.

#### Assignment of judicial membersS

9(1)A judicial member is to be assigned to at least one of the chambers.S

(2)A judicial member—

(a)may be assigned to different chambers at different times,

(b)may be assigned to a particular chamber only with—

(i)the concurrence of its Chamber President, and

(ii)the agreement of the assignee concerned.

(3)The assignment of such a member to a particular chamber may be ended only with the concurrence of its Chamber President.

## SCHEDULE 5SAppointment to Upper Tribunal

 (introduced by section 32)

### **PART 1**SOrdinary members

#### Appointment and eligibilityS

1(1)It is for the Scottish Ministers to appoint a person as an ordinary member of the Upper Tribunal.S

(2)A person is eligible for such appointment only if the person meets such relevant criteria as are prescribed by the Scottish                        Ministers in regulations.

2SIn paragraph 1(2), “relevant criteria” includes criteria as to qualifications, experience and training.

### **PART 2**SLegal members

#### Application of PartS

3(1)This schedule Part applies in relation to appointment of the legal members of the Upper Tribunal other than—S

(a)a Vice-President of the Tribunal,

(b)a legal member of the Tribunal by reason of being a Chamber President in the First-tier Tribunal.

(2)The references in this schedule Part to a legal member of the Upper Tribunal are to be read accordingly.

#### Appointment and eligibilityS

4(1)It is for the Scottish Ministers to appoint a person as a legal member of the Upper Tribunal.S

(2)A person is eligible for such appointment only if qualifying under paragraph 5(1) or (2).

5(1)A person qualifies under this sub-paragraph if the person is practising, and has practised for a period of not less than 7                        years, as a solicitor or advocate in Scotland.S

(2)A person qualifies under this sub-paragraph if the person falls within a description specified by the Scottish Ministers by                        regulations.

#### Eligibility under regulationsS

6(1)Regulations under paragraph 5(2) may specify a description of a person by reference to the matters mentioned in sub-paragraph                        (2), (3) or (4).S

(2)That is—

(a)current practice as a solicitor or barrister in England and Wales or Northern Ireland, and

(b)engagement in practice as such for a period of not less than 7 years.

(3)That is—

(a)previous engagement in practice for a period of not less than 7 years, as—

(i)a solicitor or advocate in Scotland, or

(ii)a solicitor or barrister in England and Wales or Northern Ireland, and

(b)subsequent engagement in any of the activities listed in sub-paragraph (5).

(4)That is, suitability attributable to experience in law through current or previous engagement in—

(a)any of the activities listed in sub-paragraph (5),

(b)an activity that is of a broadly similar nature to any of the activities listed in that sub-paragraph.

(5)The activities are—

(a)exercising judicial functions in any court or tribunal,

(b)practice or employment as a lawyer of any kind,

(c)whether or not in the course of practice or employment as a lawyer—

(i)advising on the application of the law,

(ii)drafting documents intended to affect rights or obligations under the law,

(iii)assisting persons involved in a legal or other process for the resolution of disputes as to the law,

(iv)acting as a mediator or arbitrator for the purpose of resolving disputes that are (or could be) the matter of legal proceedings,

(d)teaching or researching law at or for an educational institution.

7(1)The Scottish Ministers may by regulations make provision—S

(a)as regards the calculation of the 7-year period mentioned in paragraph 5(1) or 6(2)(b) or (3)(a) (for example, by reference                        to recent or continuous time),

(b)to which paragraph 6(3)(a) is subject (for example, by reference to debarment from practice),

(c)for the purpose of paragraph 6(4), about—

(i)the criteria for suitability (for example, by reference to equivalence to past or present practice as a solicitor),

(ii)the nature of experience required (for example, by reference to engagement for a particular period of time (within the United                        Kingdom or elsewhere)).

(2)The Scottish Ministers may by regulations modify the list in paragraph 6(5).

## SCHEDULE 6SPositions in Upper Tribunal

 (introduced by section 32)

### **PART 1**STemporary Vice-President

#### Temporary Vice-PresidentS

1SIf there is a temporary shortage in the number of Vice-Presidents of the Upper Tribunal or a temporary vacancy in the position,                        the President of Tribunals may assign a person as a Temporary Vice-President of a particular division during the shortage                        or vacancy.

2(1)A person is eligible for assignment as a Temporary Vice-President only if the person is a legal member of the Upper Tribunal                        (other than a Vice-President).S

(2)The functions of a Vice-President are exercisable by a Temporary Vice-President.

(3)Except where the context otherwise requires, a reference in or under this Act to a Vice-President includes a Temporary Vice-President.

### **PART 2**SAssignment internally

#### Assignment of and by the President of TribunalsS

3(1)The President of Tribunals has the function of assigning the members of the Upper Tribunal among the divisions (including                        re-assignment or ending assignment).S

(2)The President of Tribunals is to assign those members among the divisions in accordance with paragraphs 4 to 7.

#### Assignment of Vice-Presidents etc.S

4(1)A Vice-President of a division—S

(a)is to be assigned to that division,

(b)may be assigned to act—

(i)in the case of a judicial member assigned as a Vice-President, as a judicial member also in another division,

(ii)in any other case, as a legal member also in another division.

(2)Assignment under sub-paragraph (1)(b) is to act otherwise than as a Vice-President of the other division.

(3)Assignment under sub-paragraph (1)(b) requires—

(a)the concurrence of the Vice-President of the other division, and

(b)the agreement of the member concerned.

5(1)This paragraph applies in relation to a legal member by reason of being a Chamber President in the First-tier Tribunal.S

(2)Each member to whom this paragraph applies may be assigned to—

(a)one or more of the divisions, and

(b)different divisions at different times.

(3)Any such member may be assigned to a particular division only with—

(a)the concurrence of its Vice-President, and

(b)the agreement of the member concerned.

(4)The assignment of any such member to a particular division may be ended only with the concurrence of its Vice-President.

#### Assignment of other membersS

6(1)This paragraph applies in relation to an ordinary member or legal member by virtue of—S

(a)appointment as such, or

(b)transfer-in as such.

(2)Each member to whom this paragraph applies—

(a)is to be assigned to at least one of the divisions,

(b)may be assigned to different divisions at different times.

(3)Any such member may be assigned to a particular division only with—

(a)the concurrence of its Vice-President, and

(b)the agreement of the member concerned.

(4)The assignment of any such member to a particular division may be ended only with the concurrence of its Vice-President.

(5)This paragraph does not apply to a legal member to whom paragraph 4 or 5 relates.

#### Assignment of judicial members etc.S

7(1)A judicial member is to be assigned to at least one of the divisions.S

(2)An extra judge who is authorised to act as mentioned in section 18(4) is to be assigned to at least one of the divisions.

(3)A judicial member or such an extra judge—

(a)may be assigned to different divisions at different times,

(b)may be assigned to a particular division only with—

(i)the concurrence of its Vice-President, and

(ii)the agreement of the assignee concerned.

(4)The assignment of a judicial member to a particular division may be ended only with the concurrence of its Vice-President.

(5)Concurrence under sub-paragraph (3)(b)(i) or (4) is not required in relation to the assignment of the Lord President or the                        President of Tribunals.

(6)This paragraph does not apply to a judicial member to whom paragraph 4 relates.

## SCHEDULE 7SConditions of membership etc.

 (introduced by section 35)

### Application of scheduleS

1(1)This schedule applies in relation to the positions of ordinary member and legal member of the Scottish Tribunals (but not                        the position of judicial member of the Tribunals).S

(2)The references in this schedule to—

(a)a position in the Scottish Tribunals, or

(b)a member of the Scottish Tribunals,

are to be read accordingly.

### Initial period of officeS

2(1)A person who is appointed to a position in the Scottish Tribunals holds the position for the period of 5 years beginning with                        the date of the appointment.S

(2)A person who is transferred-in to a position in the Scottish Tribunals holds the position for the period mentioned in sub-paragraph                        (3).

(3)That period is the first-ending of either—

(a)the period for which the member would have continued to hold office in the listed tribunal in question if the transfer to                        the Scottish Tribunals had not taken place, or

(b)the period of 5 years beginning with the date on which the person becomes a member of the Scottish Tribunals.

3(1)Sub-paragraph (2) applies where a person—S

(a)holds a position in the Scottish Tribunals, and

(b)is appointed to hold another such position in addition.

(2)The person holds the position mentioned in sub-paragraph (1)(b) for a period which expires on the same date as does the period                        for which the person holds the position mentioned in sub-paragraph (1)(a).

### Automatic reappointmentS

4(1)Unless sub-paragraph (3) applies, a member of the Scottish Tribunals is to be reappointed as such at the end of each period                        for which the position is held.S

(2)Reappointment under sub-paragraph (1) is to the position for the period of 5 years beginning with the date of the reappointment.

(3)This sub-paragraph applies if—

(a)the member has declined to be reappointed,

(b)the member is ineligible for reappointment,

(c)the President of Tribunals has recommended to the Scottish Ministers that the member should not be reappointed.

(4)In sub-paragraph (1), the reference to the period for which a position is held is to—

(a)the period for which the position is held in accordance with paragraph 2 or 3, or

(b)any further period for which the position is held by virtue of reappointment in accordance with sub-paragraphs (1) and (2).

(5)A reference in this paragraph to reappointment includes appointment at the end of a period for which a position is held by                        virtue of paragraph 2(2) as well as reappointment at the end of a period for which a position is held by virtue of any relevant                        appointment (or reappointment).

5SFor the purpose of paragraph 4(3)(b), a member is ineligible for reappointment only if the member would not be eligible for                        appointment to the position in accordance with the relevant provisions of schedule 3 or (as the case may be) schedule 5 were                        the member being appointed to the position for the first time.

6SFor the purpose of paragraph 4(3)(c), the President of Tribunals may recommend to the Scottish Ministers that a member should                        not be reappointed only if satisfied that—

(a)the member has failed to comply with—

(i)any of the relevant terms and conditions of membership, or

(ii)any other requirement imposed on the member by or under this Act, or

(b)the Tribunal concerned no longer requires—

(i)a member with the qualifications, experience and training of that member, or

(ii)the same number of members for the efficient disposal of its business.

7SReappointment by virtue of paragraph 4 is not subject to any process of appointment arising in relation to a position within                        the Scottish Tribunals by virtue of section 10(2A) of the Judiciary and Courts (Scotland) Act 2008.

### Extension in senior postS

8(1)Sub-paragraphs (2) and (3) apply where—S

(a)a legal member of the First-tier Tribunal becomes by appointment a Chamber President or Deputy Chamber President in the Tribunal,                        or

(b)a legal member of the Upper Tribunal becomes by appointment a Vice-President of the Tribunal.

(2)Despite paragraphs 2 and 3, the period for which the legal member holds that position does not end until the expiry of 5 years                        beginning with the date of the appointment mentioned in the relevant limb of sub-paragraph (1).

(3)In all other respects also, the appointment mentioned in the relevant limb of sub-paragraph (1) supersedes the earlier appointment                        or (as the case may be) transfer-in as a legal member.

### Termination of appointmentS

9SA member of the Scottish Tribunals ceases to hold the position of member of the Tribunals if the member—

(a)becomes disqualified from holding the position,

(b)is removed from the position under paragraph 23 of schedule 8,

(c)resigns the position by giving notice in writing to the Lord President, or

(d)vacates the position in accordance with section 26 of the Judicial Pensions and Retirement Act 1993.

10(1)Nothing in paragraphs 2 to 8 affects the operation of section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993                        in relation to a member of the Scottish Tribunals.S

(2)Accordingly, such a member's continuation in office by virtue of that section may have the effect of extending the period                        for which the member is appointed or (as the case may be) reappointed by virtue of those paragraphs.

### Required oathsS

11(1)Each of the members of the Scottish Tribunals must take the required oaths in accordance with this paragraph.S

(2)A Vice-President of the Upper Tribunal is to take them in the presence of the President of Tribunals.

(3)A Chamber President in the First-tier Tribunal is to take them in the presence of the President of Tribunals.

(4)A Deputy Chamber President in the First-tier Tribunal is to take them in the presence of either the President of Tribunals                        or a Chamber President in the First-tier Tribunal.

(5)An ordinary or legal member of the Upper Tribunal by virtue of appointment or transfer-in as such is to take them in the presence                        of either the President of Tribunals or a Vice-President of the Upper Tribunal.

(6)An ordinary or legal member of the First-tier Tribunal by virtue of appointment or transfer-in as such is to take them in                        the presence of either the President of Tribunals or a Chamber President in the First-tier Tribunal.

(7)If a member of the Scottish Tribunals has previously taken the required oaths in the circumstances mentioned in sub-paragraph                        (8), the previous taking of the oaths counts as if it were the taking of them in accordance with this paragraph.

(8)The circumstances are—

(a)in the case of a member who is transferred-in as such, in connection with the office from which the person is transferred-in,

(b)in the case of a member whose position changes within the Scottish Tribunals, in connection with appointment or transfer-in                        to the previous position.

(9)In this paragraph, “the required oaths” means the oath of allegiance and the judicial oath as set out in the Promissory Oaths Act 1868.

### Pensions etc.S

12(1)The Scottish Ministers may make arrangements as to—S

(a)the payment of pensions, allowances and gratuities to or in respect of the members, or former members, of the Scottish Tribunals,

(b)contributions or other payments towards provision for such pensions, allowances and gratuities.

(2)Under sub-paragraph (1), such arrangements may (in particular)—

(a)include provision relating to payment of compensation for loss of office,

(b)make different provision for different types of member, different positions or other different purposes.

### Other conditionsS

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

## SCHEDULE 8SConduct and fitness etc.

 (introduced by section 36)

### **PART 1**SConduct and discipline

#### Application of PartS

1(1)This schedule Part applies in relation to the ordinary members and legal members of the Scottish Tribunals (but not the judicial                        members of the Tribunals).S

(2)The references in this schedule Part to a member of the Scottish Tribunals are to be read accordingly.

#### Conduct rulesS

2SThe Lord President is responsible for making and maintaining appropriate arrangements for the things for which rules under                        paragraph 3(1) may make provision.

3(1)The Lord President may make rules for the purposes of or in connection with—S

(a)the investigation and determination of any matter concerning the conduct of members of the Scottish Tribunals,

(b)the review of any such determination.

(2)Rules under sub-paragraph (1) may include provision about (in particular)—

(a)the circumstances in which an investigation must or may be undertaken,

(b)the making of a complaint by any person,

(c)the steps that are to be taken by a person making a complaint before it is to be investigated,

(d)the carrying out of an investigation (including any steps to be taken by the member whom it concerns or by any other person),

(e)the time limits for taking steps and procedures for extending such time limits,

(f)the person by whom an investigation (or part of an investigation) is to be carried out,

(g)the matters to be determined by the person carrying out an investigation (or part of an investigation), the Lord President                        or any other person,

(h)the making of recommendations by the person carrying out an investigation (or part of one),

(i)the obtaining of information relating to a complaint,

(j)the keeping of a record of an investigation,

(k)the confidentiality of communications or proceedings,

(l)the publication of information or its supply to any person.

4SRules under paragraph 3(1)—

(a)may make different provision for different purposes,

(b)are to be published in such manner as the Lord President may determine.

#### Reprimand etc.S

5(1)Where the condition in sub-paragraph (2) is met in relation to a member of the Scottish Tribunals, the Lord President may,                        for disciplinary purposes, give the member—S

(a)formal advice,

(b)a formal warning, or

(c)a reprimand.

(2)The condition is that—

(a)an investigation has been carried out with respect to the member in accordance with rules made under paragraph 3(1), and

(b)the person carrying out the investigation has recommended that the Lord President exercise the power conferred by sub-paragraph                        (1).

6SParagraph 5 does not limit what the Lord President may do—

(a)informally,

(b)for other purposes, or

(c)where no advice or warning is given in a particular case.

#### Suspension of membershipS

7(1)If the Lord President considers that it is necessary for the purpose of maintaining public confidence in the Scottish Tribunals,                        the Lord President may suspend a member of the Tribunals.S

(2)Suspension under sub-paragraph (1)—

(a)is for such period as the Lord President may specify when suspending the member,

(b)may be revoked or extended subsequently by the Lord President.

8SSuspension under paragraph 7(1) does not affect any remuneration payable to, or in respect of, the member concerned during                        the period of suspension.

#### Judicial Complaints ReviewerS

9(1)The Judicial Complaints Reviewer has the functions mentioned in sub-paragraph (2).S

(2)The functions are—

(a)on the request of a relevant person, to review the handling of an investigation carried out in accordance with rules made                        under paragraph 3(1) to consider whether the investigation has been carried out in accordance with the rules,

(b)in any case where the Reviewer considers that such an investigation has not been carried out in accordance with such rules,                        to refer the case to the Lord President,

(c)as directed by the Scottish Ministers, to prepare and publish reports on the investigations carried out in pursuance of such                        rules,

(d)to make written representations to the Lord President about procedures for handling the investigation of matters concerning                        the conduct of members of the Scottish Tribunals.

(3)The Lord President is to have regard to any written representations made under sub-paragraph (2)(d).

(4)In sub-paragraph (2)(a), “relevant person” means—

(a)person whose complaint led to the carrying out of the investigation, or

(b)member of the Scottish Tribunals with respect to whom the investigation has been carried out.

10(1)Sub-paragraph (2) applies where a case is referred to the Lord President by virtue of paragraph 9(2)(b).S

(2)The Lord President may—

(a)vary or revoke (wholly or partly) the determination made in the case to which the investigation relates,

(b)cause a fresh investigation to be carried out,

(c)confirm the determination in the case, or

(d)deal with the referral in such other way as the Lord President considers appropriate.

### **PART 2**SFitness and removal

#### Application of PartS

11(1)This schedule Part applies in relation to the ordinary members and legal members of the Scottish Tribunals (but not the judicial                        members of the Tribunals).S

(2)The references in this schedule Part to a member of or position in the Scottish Tribunals are to be read accordingly.

12SIn this schedule Part, the references to unfitness to hold the position of member of the Scottish Tribunals are to unfitness                        by reason of inability, neglect of duty or misbehaviour.

#### Constitution and procedureS

13(1)The First Minister must constitute a fitness assessment tribunal when requested to do so by the Lord President.S

(2)The First Minister may constitute a fitness assessment tribunal—

(a)in such other circumstances as the First Minister thinks fit, and

(b)following consultation with the Lord President.

(3)The function of a fitness assessment tribunal is to investigate and report on whether a member of the Scottish Tribunals is                        unfit to hold the position of member of the Tribunals.

14SThe Court of Session may by act of sederunt make provision as to the procedure to be followed in proceedings at a fitness                        assessment tribunal.

#### Composition and remunerationS

15(1)A fitness assessment tribunal is to consist of—S

(a)one person who is, or has been—

(i)a judge of the Court of Session (except a temporary judge), or

(ii)a sheriff (except a part-time sheriff),

(b)one person who is—

(i)where the member under investigation is an ordinary member, another ordinary member, or

(ii)where the member under investigation is a legal member, another legal member, and

(c)one person who does not fall (and has never fallen) within a category of person who may be a member of the tribunal by virtue                        of sub-paragraph (a) or (b).

(2)The selection of persons to be members of the tribunal is to be made by the First Minister with the agreement of the Lord                        President.

16(1)The Scottish Ministers—S

(a)must pay such expenses as they consider are reasonably required to be incurred to enable a fitness assessment tribunal to                        carry out its functions,

(b)may pay such remuneration to, and expenses of, any member of such a tribunal as they think fit.

(2)Sub-paragraph (1)(b) does not apply in relation to such a member if the member is a sheriff or a judge of the Court of Session.

#### Proceedings before tribunalS

17(1)A fitness assessment tribunal may require any person—S

(a)to attend its proceedings for the purpose of giving evidence,

(b)to produce documents in the person's custody or under the person's control.

(2)A person on whom such a requirement is imposed is not obliged to answer any question or produce any document which the person                        would be entitled to refuse to answer or produce in a court of law in Scotland.

18(1)Sub-paragraph (2) applies where a person on whom a requirement has been imposed under paragraph 17(1)—S

(a)refuses or fails, without reasonable excuse—

(i)to comply with the requirement,

(ii)while attending the tribunal proceedings to give evidence, to answer any question,

(b)deliberately alters, conceals or destroys any document which the person is required to produce.

(2)The Court of Session may, on an application made to it by the tribunal—

(a)make such order for enforcing compliance or otherwise as it thinks fit, or

(b)deal with the matter as if it were a contempt of the Court.

#### Suspension during investigationS

19(1)Sub-paragraph (2) applies if the Lord President requests the First Minister to constitute a fitness assessment tribunal to                        investigate whether a member of the Scottish Tribunals is unfit to hold the position of member of the Tribunals.S

(2)The Lord President may suspend the member from the position at any time before the tribunal submits its report as required                        by paragraph 22(2).

(3)Suspension under sub-paragraph (2) lasts until (whichever is earlier)—

(a)the Lord President revokes it, or

(b)the report is laid as required by paragraph 22(3).

20(1)Sub-paragraph (2) applies if a fitness assessment tribunal—S

(a)recommends that a member of the Scottish Tribunals who is subject to its investigation should be suspended from the position                        as member of the Tribunals, and

(b)does so in writing at any time before the tribunal submits its report as required by paragraph 22(2).

(2)The First Minister may suspend the member from the position at any time before laying the report as required by paragraph                        22(3).

(3)Suspension under sub-paragraph (2) lasts until (whichever is earlier)—

(a)the First Minister revokes it, or

(b)the report is laid as required by paragraph 22(3).

21SSuspension under paragraph 19(2) or 20(2) does not affect any remuneration payable to, or in respect of, the member concerned                        during the period of suspension.

#### Report and removalS

22(1)A report by a fitness assessment tribunal must—S

(a)be in writing, and

(b)contain reasons for its conclusions.

(2)As soon as reasonably practicable after it is completed, such a report must be submitted by the tribunal to—

(a)the First Minister, and

(b)the Lord President.

(3)The First Minister must lay before the Scottish Parliament each report submitted under sub-paragraph (2).

23(1)If the relevant condition is met, the First Minister may remove a member of the Scottish Tribunals from the position of member                        of the Tribunals.S

(2)The relevant condition is that a fitness assessment tribunal has submitted a report under paragraph 22(2) concluding that                        the member is unfit to hold the position of member of the Scottish Tribunals.

## SCHEDULE 9STransitional and consequential

 (introduced by section 81)

### **PART 1**STransitional and other matters

#### Exercise of functionsS

1(1)Sub-paragraph (2) applies for the purposes of—S

(a)the exercise of functions by a member of the Scottish Tribunals by virtue of this Act, and

(b)the operation of provisions in or under this Act to which such a member is subject.

(2)Except where the context otherwise requires, it is immaterial whether a person who is, or who is acting as, such a member                        is in place by virtue of appointment, assignment, transfer-in or other means under this Act.

#### Rules of listed tribunalsS

2(1)Sub-paragraph (2) applies where some or all of the functions of a listed tribunal have been, or are to be, transferred by                        regulations under section 28(2).S

(2)The Scottish Ministers may by regulations provide for the procedural rules of a listed tribunal that are in force immediately                        before the transfer to have effect for the purposes of either or both of the First-tier Tribunal and the Upper Tribunal.

(3)Regulations under sub-paragraph (2) may provide for the procedural rules to which the regulations relate to have effect subject                        to such modifications as appear to the Scottish Ministers to be necessary or expedient with respect to the purposes mentioned                        in that sub-paragraph.

(4)In this paragraph—
          -  “listed tribunal” is to be construed in accordance with Part 3 (see section 27(1)),                         
          -  “procedural rules” means provision for the purposes of a listed tribunal (whether or not contained in an enactment and irrespective of whether                           called rules)—                          (a)
regulating the practice or procedure to be followed in proceedings at a listed tribunal, or
(b)
otherwise applying in relation to the exercise by a listed tribunal of its functions.
 

3(1)Regulations under paragraph 2(2) may—S

(a)make different provision for different purposes,

(b)include supplemental, incidental, consequential, transitional, transitory or saving provision.

(2)Regulations under paragraph 2(2) are subject to the negative procedure.

#### Pre-SCJC rule-makingS

4(1)Until the Scottish Civil Justice Council and the Court of Session are involved in the making of Tribunal Rules by virtue of                        the coming into force of paragraph 13(2) to (5)—S

(a)section 68(3) and (4) is of no effect,

(b)instead of that section, sub-paragraph (2) applies for the purpose of making rules—

(i)regulating the practice and procedure to be followed in proceedings at the Scottish Tribunals, or

(ii)containing provision of other sorts appropriate with respect to the Scottish Tribunals (including in relation to the exercise                        by them of their functions).

(2)The function of making such rules is exercisable by the Scottish Ministers by setting them out in regulations.

(3)Before making regulations under sub-paragraph (2), the Scottish Ministers must consult—

(a)the President of Tribunals, and

(b)such other persons as they consider appropriate.

5(1)Regulations under paragraph 4(2) may—S

(a)modify rules having effect as mentioned in paragraph 2(2) (by virtue of regulations made under that paragraph),

(b)do anything that may be done by Tribunal Rules by virtue of Chapter 2 of Part 7 (including the making of different provision                        for different purposes).

(2)Regulations under paragraph 4(2) are subject to the negative procedure.

#### Adoption of inherited rulesS

6(1)Sub-paragraph (2) applies to—S

(a)rules having effect as mentioned in paragraph 2(2) (by virtue of regulations made under that paragraph),

(b)rules set out in regulations made by virtue of paragraph 4(2).

(2)Once the Scottish Civil Justice Council and the Court of Session are involved in the making of Tribunal Rules by virtue of                        the coming into force of paragraph 13(2) to (5)—

(a)all rules to which this sub-paragraph applies are to be regarded as if made as Tribunal Rules under Chapter 2 of Part 7,

(b)all such rules have effect accordingly (and may therefore be revoked, amended or remade by Tribunal Rules under Chapter 2                        of Part 7).

#### Chambers and divisionsS

7(1)For as long as it appears to the Scottish Ministers that the acquisition of functions by the First-Tier Tribunal for the time                        being is such that there is justification for not organising it into a number of chambers as required by section 20(1), regulations                        under section 20(2)—S

(a)need not be made, or

(b)may provide for the Tribunal to have a single chamber only.

(2)For as long as it appears to the Scottish Ministers that the acquisition of functions by the Upper Tribunal for the time being                        is such that there is justification for not organising it into a number of divisions as required by section 23(1), regulations                        under section 23(2)—

(a)need not be made, or

(b)may provide for the Tribunal to have a single division only.

8(1)Sections 20(1) and (2) and 23(1) and (2) are subject to paragraph 7(1) and (2) (until it appears to the Scottish Ministers                        that the relevant justification no longer exists).S

(2)Any provision of this Act (apart from this schedule Part) that mentions a chamber or more than one chamber of the First-tier                        Tribunal is, for as long as by virtue of paragraph 7(1) the First-tier Tribunal has no chambers or a single chamber, to be                        read with such modifications as are necessary for the effective operation of the provision while the Tribunal is not organised                        into a number of chambers.

(3)Any provision of this Act (apart from this schedule Part) that mentions a division or more than one division of the Upper                        Tribunal is, for as long as by virtue of paragraph 7(2) the Upper Tribunal has no divisions or a single division, to be read                        with such modifications as are necessary for the effective operation of the provision while the Tribunal is not organised                        into a number of divisions.

9SFor the purposes of paragraph 7(1) and (2), the Scottish Ministers must have regard to the following matters so far as relevant                        for the time being—

(a)the different subject-matters falling within the jurisdiction of the First-tier Tribunal or (as the case may be) the Upper                        Tribunal, and

(b)any other factors relevant in relation to the exercise of the functions of the First-tier Tribunal or (as the case may be)                        the Upper Tribunal.

#### Making appointmentsS

10(1)Until all of the functions of a listed tribunal have been transferred to the Scottish Tribunals by regulations under section                        28(2)—S

(a)paragraph 3(1)(d) of schedule 1 to the 2008 Act has effect in relation to that tribunal as if the reference in that paragraph                        to a person holding the position of Chamber President or of Vice-President within the Scottish Tribunals includes the President                        of, or the holder of an equivalent office in, any listed tribunal,

(b)paragraph 16A(2)[F1, (3), (6A) and (6B)] of schedule 1 to the 2008 Act has effect in relation to that tribunal as if the references in that paragraph to a member                        of the Scottish Tribunals includes a member of, or a person who exercises functions as, any listed tribunal.

(2)In this paragraph—
          -  “the 2008 Act” means the Judiciary and Courts (Scotland) Act 2008 (see paragraph 12(4)(b) and (5)),                         
          -  “listed tribunal” is to be construed in accordance with Part 3 (see section 27(1)).                         

### **PART 2**SConsequential modifications

#### Judicial Pensions and Retirement Act 1993S

11(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.S

(2)In section 26 (retirement date for certain judicial officers)—

(a)in subsection (12), in the definition of “the appropriate person”, after paragraph (e) there is inserted—

“(f)the Scottish Ministers, in the case of a relevant member of the Scottish Tribunals;”,                  

(b)after subsection (15) there is inserted—

“(16)The Scottish Ministers must consult the President of Tribunals before exercising any function arising by virtue of subsection                           (12)(f) in relation to a relevant member of the Scottish Tribunals.                  

(17)In paragraph (f) of the definition of “the appropriate person” in subsection (12), and in subsection (16), a reference to                           a relevant member of the Scottish Tribunals is to an ordinary or legal member of either or both of the Tribunals by virtue                           of section 15 or 16 of the Tribunals (Scotland) Act 2014.”.                  

(3)In section 30 (interpretation), after subsection (1) there is inserted—

“(1A)For the purposes of section 26(12)(f), (16) and (17), and the related entry in Schedule 5, “Scottish Tribunals” or “President of Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014.”.                  

(4)In Schedule 5 (relevant offices in relation to retirement provisions), at the end there is inserted— “ Ordinary or legal member of either or both of the Scottish Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland)                           Act 2014. ”.

#### Judiciary and Courts (Scotland) Act 2008S

12(1)The Judiciary and Courts (Scotland) Act 2008 is amended as follows.S

(2)In section 10 (judicial offices within the Board's remit)—

(a)in subsection (1), the word “and” immediately preceding paragraph (g) is repealed,

(b)before paragraph (g) of that subsection there is inserted—

“(fa)the positions within the Scottish Tribunals mentioned in subsection (2A), and”,                  

(c)after subsection (2) there is inserted—

“(2A)The positions within the Scottish Tribunals are—                  

(a)Vice-President of the Upper Tribunal, if to be appointed under section 26(1) of the Tribunals (Scotland) Act 2014,                  

(b)Chamber President in the First-tier Tribunal, if to be appointed under section 22(1) of that Act,                  

(c)Deputy Chamber President in the First-tier Tribunal, if to be appointed under the relevant provisions of schedule 4 to that                           Act,                  

(d)ordinary member or legal member of the First-tier Tribunal or the Upper Tribunal, if to be appointed under the relevant provisions                           of schedule 3 or (as the case may be) schedule 5 to that Act.”.                  

(3)In section 30 (Judicial Complaints Reviewer), in subsection (5), after paragraph (h) there is inserted—

“(i)an ordinary or legal member of either or both of the Scottish Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland)                           Act 2014.”.                  

(4)In paragraph 3 of schedule 1—

(a)in sub-paragraph (1), the word “and” immediately preceding paragraph (c) is repealed,

(b)after paragraph (c) of sub-paragraph (1) there is inserted “, and 

(d)one person holding the position of Chamber President or of Vice-President within the Scottish Tribunals.”,                  

(c)after sub-paragraph (5) there is inserted—

“(6)For the purposes of sub-paragraph (1)(d)—                  
          -  “Scottish Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014,                         
          -  “Chamber President” means Chamber President in the First-tier Tribunal as referred to in that Act and “Vice-President” means Vice-President of the Upper Tribunal as referred to in that Act.”.                         

(5)After paragraph 16 of schedule 1 there is inserted—

##### “Proceedings relating to the Scottish TribunalsS

16A(1)Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned                           in section 10(2A).                  

(2)At least one member of the Scottish Tribunals is to take part in any proceedings relating to the function (whether or not                           also a member of the Board).                  

(3)It is for the President of Tribunals to select a member of the Scottish Tribunals to take part as mentioned in sub-paragraph                           (2).                  

(4)Before making a selection under sub-paragraph (3), the President of Tribunals must consult the Chairing Member.                  

(5)Sub-paragraph (6) applies where a person taking part as mentioned in sub-paragraph (2) is not a member of the Board.                  

(6)The person is to be treated as if a member of the Board for the purposes of—                  

(a)sections 11 to 15 and 17, and                  

(b)paragraphs 5, 12 and 13 of this schedule.                  

(7)The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.                  

(8)In this paragraph, “President of Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014 and the references to a member of the Scottish Tribunals                           are to be construed in accordance with section 13(3) of that Act.”.                  

#### Scottish Civil Justice Council and Criminal Legal Assistance Act 2013S

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

## SCHEDULE 10SIndex of expressions

 (introduced by section 82)