Explanatory note

The Tribunals (Scotland) Act 2014 (“the 2014 Act”) created a new structure for tribunals in Scotland dealing with devolved matters under the judicial leadership of the Lord President of the Court of Session as head of the Scottish Tribunals. It provided for a First-tier Tribunal for Scotland and an Upper Tribunal for Scotland, with these being known, collectively, as the Scottish Tribunals. Generally, the First-tier Tribunal will deal with cases in the first instance to which a general right of appeal will lie to the Upper Tribunal. The 2014 Act provided for the First-tier Tribunal to be divided into chambers in order to deal with the various matters falling within the jurisdiction of the Scottish Tribunals.

The First-tier Tribunal for Scotland (Chambers) Regulations 2016 are being amended to further divide the First-tier Tribunal for Scotland by adding a new chamber to its structure. This is to be known as the First-tier Tribunal for Scotland Social Security Chamber. These Regulations provide for the allocation of certain functions to that Chamber, namely those conferred on the First-tier Tribunal for Scotland by the Social Security (Scotland) Act 2018 (“the 2018 Act”), as well as any conferred under it, by regulations made under that Act (regulation 3).

The Social Security Chamber is empowered by regulation 4 to consider all aspects of a determination or a decision that is the subject of an appeal, and not only the particular aspects which are challenged.

Regulation 5 provides that it will be competent to assign to the Social Security Chamber, on a temporary basis, a president who is also the president of another chamber of the First-tier Tribunal for Scotland. This will be competent until the Scottish Ministers begin to deliver a form of assistance under the 2018 Act that involves the making of determinations on the basis of ongoing entitlement to the assistance (rather than assistance that involves a single payment).

A Partial Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Social Security Directorate.