Tribunals (Scotland) Act 2014
2014 asp 10 · Enacted 15 April 2014 · Extends to Scotland
An Act of the Scottish Parliament to establish the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland; and for connected purposes.
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 2014C1C2C3
Annotations to the whole text
Modifications
- C1
Act applied by 2008 asp 6, sch. 1 para. 3(6) (as inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(4)(c) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2)
- C2
Act applied by 2008 asp 6, sch. 1 para. 16A(8) (as inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(5) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2)
- C3
Act applied by 1993 c. 8, s. 30(1A) (as inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 11(3) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2)
Contents
- Part 1: The Scottish Tribunals
- Chapter 1: Establishment and leadership
- Establishment and headship etc.
- 1Establishment of the Tribunals
- 2Head of the Tribunals
- 3Upholding independence
- President of the Tribunals
- 4Assignment to office
- 5Functions of office
- Chapter 2: Overarching responsibilities
- Head of the Tribunals
- 6Representation of interests
- 7Business arrangements
- 8Delegation of functions
- 9Directions on functions
- Regulations by Ministers
- 10Authority under regulations
- 11Consultation on regulations
- Guiding principle
- 12Principle to be observed
- Part 2: Organisational arrangements
- Chapter 1: Membership types
- Overview and main types
- 13Overview of membership
- 14Capacity of members
- 15First-tier members
- 16Upper members
- Judiciary eligible to sit
- 17Sheriffs and judgesSheriffs, judges and other holders of judicial office
- 18Authorisation of others
- 19Judicial membership
- Chapter 2: Internal structure
- Structure of First-tier Tribunal
- 20Chambers in the Tribunal
- 21Chamber Presidents
- 22Appointment to post
- Structure of Upper Tribunal
- 23Divisions of the Tribunal
- 24Vice-Presidents
- 25Assignment to post
- 26Appointment to post
- Part 3: Acquisition of functions
- Transfer-in from listed tribunals
- 27Listed tribunals
- 28Transfer-in of functions
- 29Transfer-in of members
- Conferral of functions by another Act
- 30Accommodation of functions
- 31Redistribution of functions
- Part 4: More about membership etc.
- Appointment and assignment
- 32Scheduled provisions
- 33Assignment policy
- Training, conditions and conduct
- 34Training and review
- 35Conditions of membership etc.
- 36Conduct and fitness etc.
- Part 5: Decision-making and composition
- Decisions in First-tier Tribunal
- 37Decisions in the Tribunal
- 38Composition of the Tribunal
- Decisions in Upper Tribunal
- 39Decisions in the Tribunal
- 40Composition of the Tribunal
- Voting where two or more members
- 41Voting for decisions
- 42Chairing members
- Part 6: Review or appeal of decisions
- Chapter 1: Tribunal decisions
- Internal review
- 43Review of decisions
- 44Actions on review
- 45Review once only
- Appeal from First-tier Tribunal
- 46Appeal from the Tribunal
- 47Disposal of an appeal
- Appeal from Upper Tribunal
- 48Appeal from the Tribunal
- 49Disposal of an appeal
- 50Procedure on second appeal
- Excluded decisions
- 51Excluded decisions
- 52Decisions on review
- 53Other appeal rights
- 54Position on transfer-in
- Miscellaneous procedure
- 55Process for permission
- 56Participation of non-parties
- Chapter 2: Special jurisdiction
- 57Judicial review cases
- 57AProcedural steps where petition remitted
- 58Decision on remittal
- 59Additional matters
- 60Meaning of judicial review
- Part 7: Powers, procedure and administration
- Chapter 1: Powers and enforcement
- Cases and proceedings
- 61Venue for hearings
- 62Conduct of cases
- 63Enforcement of decisions
- 64Award of expenses
- Supplementary provisions
- 65Additional powers
- 66Application of enactments
- 67Offences in relation to proceedings
- Chapter 2: Practice and procedure
- Tribunal Rules
- 68Tribunal Rules
- 69Exercise of functions
- 70Extent of rule-making
- Particular matters
- 71Proceedings and steps
- 72Hearings in cases
- 73Evidence and decisions
- Issuing directions
- 74Practice directions
- 75Publication and effect
- Chapter 3: Fees and administration
- 76Tribunal fees
- 77Administrative support Not yet in force
- 78Annual reporting
- Part 8: Final provisions
- General and ancillary
- 79Regulation-making
- 80Ancillary regulations
- 81Transitional and consequential
- Interpretation, commencement and short title
- 82Interpretation
- 83Commencement
- 84Short title
- Schedule 1: Listed tribunals
- Part 1: List of tribunals
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 9BParagraph 9B
- 10Paragraph 10
- 10AParagraph 10A
- 10BParagraph 10B
- 11Paragraph 11
- 11AParagraph 11A
- Part 2: Further specification
- 12Paragraph 12
- 13Paragraph 13
- Schedule 2: Transfer-in of members
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: Appointment to First-tier Tribunal
- Part 1: Ordinary members
- Appointment and eligibility
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Legal members
- Application of Part
- 3Paragraph 3
- Appointment and eligibility
- 4Paragraph 4
- 5Paragraph 5
- Eligibility under regulations
- 6Paragraph 6
- 7Paragraph 7
- Schedule 4: Positions in First-tier Tribunal
- Part 1: Deputy or Temporary President
- Deputy President
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Temporary President
- 4Paragraph 4
- 5Paragraph 5
- Part 2: Assignment internally
- Assignment by the President of Tribunals
- 6Paragraph 6
- Assignment of Chamber Presidents
- 7Paragraph 7
- Assignment of other members
- 8Paragraph 8
- Assignment of judicial members
- 9Paragraph 9
- Schedule 5: Appointment to Upper Tribunal
- Part 1: Ordinary members
- Appointment and eligibility
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Legal members
- Application of Part
- 3Paragraph 3
- Appointment and eligibility
- 4Paragraph 4
- 5Paragraph 5
- Eligibility under regulations
- 6Paragraph 6
- 7Paragraph 7
- Schedule 6: Positions in Upper Tribunal
- Part 1: Temporary Vice-President
- Temporary Vice-President
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Assignment internally
- Assignment of and by the President of Tribunals
- 3Paragraph 3
- Assignment of Vice-Presidents etc.
- 4Paragraph 4
- 5Paragraph 5
- Assignment of other members
- 6Paragraph 6
- Assignment of judicial members etc.
- 7Paragraph 7
- Schedule 7: Conditions of membership etc.
- Application of schedule
- 1Paragraph 1
- Initial period of office
- 2Paragraph 2
- 3Paragraph 3
- Automatic reappointment
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Extension in senior post
- 8Paragraph 8
- Termination of appointment
- 9Paragraph 9
- 10Paragraph 10 Repealed
- Required oaths
- 11Paragraph 11
- Pensions etc.
- 12Paragraph 12
- Other conditions
- 13Paragraph 13
- Schedule 8: Conduct and fitness etc.
- Part 1: Conduct and discipline
- Application of Part
- 1Paragraph 1
- Conduct rules
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Reprimand etc.
- 5Paragraph 5
- 6Paragraph 6
- Suspension of membership
- 7Paragraph 7
- 8Paragraph 8
- Judicial Complaints Reviewer
- 9Paragraph 9
- 10Paragraph 10
- Part 2: Fitness and removal
- Application of Part
- 11Paragraph 11
- 12Paragraph 12
- Constitution and procedure
- 13Paragraph 13
- 14Paragraph 14
- Composition and remuneration
- 15Paragraph 15
- 16Paragraph 16
- Proceedings before tribunal
- 17Paragraph 17
- 18Paragraph 18
- Suspension during investigation
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Report and removal
- 22Paragraph 22
- 23Paragraph 23
- Schedule 9: Transitional and consequential
- Part 1: Transitional and other matters
- Exercise of functions
- 1Paragraph 1
- Rules of listed tribunals
- 2Paragraph 2
- 3Paragraph 3
- Pre-SCJC rule-making
- 4Paragraph 4
- 5Paragraph 5
- Adoption of inherited rules
- 6Paragraph 6
- Chambers and divisions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Making appointments
- 10Paragraph 10
- Part 2: Consequential modifications
- Judicial Pensions and Retirement Act 1993
- 11Paragraph 11
- Judiciary and Courts (Scotland) Act 2008
- 12Paragraph 12
- Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
- 13Paragraph 13
- Schedule 10Index of expressions