Explanatory note
(This note is not part of the Regulations)
These Regulations amend the rules of procedure for the Chambers of the First-tier Tribunal for Scotland in consequence of the United Nations Convention on the Rights of the Child (incorporation) (Scotland) Act 2024 (“the 2024 Act”).
Regulation 2 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017.
Regulation 3 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals (Procedure) Regulations 2017.
Regulation 4 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017.
Regulation 5 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland Tax Chamber (Procedure) Regulations 2017.
Regulation 6 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018.
Regulation 7 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals (Rules of Procedure) Regulations 2020.
Regulation 8 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland Local Taxation Chamber (Rules of Procedure) Regulations 2022.
Regulation 9 amends the rules of procedure in the schedule of the First-tier Tribunal for Scotland General Regulatory Chamber (Police Appeals) (Procedure) Regulations 2025.
Two new rules are inserted into each of the above instruments: the first rule sets out the procedure to be followed when a party raises a compatibility question as defined in section 31 of the 2024 Act. This includes how a compatibility question should be raised, intimated to the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights (“the relevant authorities”) in accordance with section 34(1) of the 2024 Act, and how the relevant authorities may subsequently intervene in proceedings that relate to a compatibility question, in accordance with section 34(2) of the 2024 Act.
The second rule sets out the procedure to be followed when the First-tier Tribunal refers a compatibility question to the Inner House of the Court of Session for determination, in accordance with section 35(2) of the 2024 Act.