The Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 2022
S.S.I. 2022/365 · Made 8 December 2022 · Extends to Scotland
Tribunals And Inquiries
Made 8th December 2022
Laid before the Scottish Parliament 12th December 2022
Coming into force 1st April 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 76(1) and (2) and paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 2014f1 and all other powers enabling them to do so.
In accordance with section 76(3) of that Act, the Scottish Ministers have consulted the Lord President and, to the extent they considered appropriate, persons having an interest in the operation and business of the Scottish Tribunals.
In accordance with paragraph 4(3) of schedule 9 of that Act, the Scottish Ministers have consulted the President of Tribunals and such other persons as they considered appropriate.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Disapplication of the Upper Tribunal for Scotland Rules 2016
- 3Application of Rules in schedule 1
- 4Application of fees in schedule 2
- 5Form of appeal referral: schedule 3
- 5AApplication of Rules in schedule 4
- 6Revocation
- Signature
- Schedule 1: The Upper Tribunal for Scotland Local Taxation Rules of Procedure 2022
- Part 1: Interpretation
- 1Interpretation
- Part 2: Role of the Upper Tribunal
- 2Purpose of the Upper Tribunal and overriding objective
- Part 3: General Powers and Provisions
- 3Making of references
- 4Notice of appeal against a decision of the First-tier Tribunal
- 5Confirmation of receipt of appeal
- 6Determination declined
- 7Delegation to staff
- 8Case management
- 8ACompatibility question under the 2024 Act - raising, intimation and notice
- 9Procedure for applying for and giving orders
- 10Failure to comply with rules etc.
- 11Dismissal of a party’s case
- 12Addition, substitution and removal of parties
- 13Expenses
- 14Fees
- 15Representation
- 16Supporters
- 17Administration of Oaths
- 18Calculating time
- 19Sending and delivery of documents
- 20Evidence and submissions
- 21Citation of witnesses and orders to provide further particulars, answer questions or produce documents
- 22Withdrawal of Party
- 23Chairing member
- 24Transitional and saving provisions
- Part 4: Hearings
- 25Decision with or without a hearing
- 26Hearings of the Tribunal
- 27Entitlement to attend a hearing
- 28Hearings in a party’s absence
- Part 5: Decisions
- 29Decision of the Upper Tribunal
- 30Enforcement of decisions
- 30AReference of compatibility question to the Court of Session
- 31Reviews
- Part 6: Appealing Decisions of the Upper Tribunal
- 32Appeal
- Schedule 2Schedule 2
- Schedule 3Schedule 3
- 1Particulars
- 2Paragraph 2
- 3Paragraph 3
- Schedule 4: VISITOR LEVY APPEALS
- Part 1: Interpretation
- 1Interpretation
- Part 2: Role of the Upper Tribunal
- 2Purpose of the Upper Tribunal
- Part 3: Procedure for Cases in the Upper Tribunal
- 3Notice of appeal against a decision of the First-tier Tribunal
- 4Response to the notice of appeal
- 5Appellant’s reply
- Part 4: General Powers and Provisions
- 6Case management
- 7Compatibility question under the 2024 Act – raising, intimation and notice
- 8Procedure for applying for and giving orders
- 9Failure to comply with rules etc.
- 10Dismissal of a party’s case
- 11Addition, substitution and removal of parties
- 12Orders for expenses
- 13Representatives
- 14Supporters
- 15Calculating time
- 16Sending and delivery of documents
- 17Disclosure of documents and information
- 18Evidence and submissions
- 19Citation of witnesses and orders to answer questions or produce documents
- 20Withdrawal
- 21Chairing member
- 22Venue for hearings
- 23Enforcement of decisions
- Part 5: Hearings
- 24Decision with or without a hearing
- 25Entitlement to attend a hearing
- 26Notice of hearings
- 27Public and private hearings
- 28Hearings in a party’s absence
- Part 6: Decisions
- 29Notice of decisions and reasons
- 30Remittance back to local authority or substitution by the Tribunal of its own decision: appeals in relation to operation of a visitor levy scheme, enforcement action and penalties
- 31Remittance back to local authority or substitution by the Tribunal of its own decision: appeals in relation to local authority assessment
- 32Reviews
- Part 7: Appealing Decisions of the Upper Tribunal
- 33Interpretation
- 34Application for permission to appeal a decision of the Upper Tribunal
- 35Upper Tribunal’s consideration of application for permission to appeal
- 36Reference of compatibility question to the Court of Session
- Part 8: Legal Aid
- 37Legal aid
- Explanatory note