Part 4: Consultation on Draft Regulations That Set out the Composition of the First-tier and Upper Tribunal for Scotland
27. Sections 38 and 40 of the 2014 Act allow the Scottish Ministers, by regulation, to determine the composition of the First-tier and Upper Tribunals.
28. The draft regulations in Annex C apply to the composition of members when hearing cases within the First-tier Tribunal General Regulatory Chamber and appeals or referrals from the First-tier Tribunal General Regulatory Chamber to the Upper Tribunal.
29. The policy intention is to mirror the existing composition for first instance cases as set out in Schedule 2 of the Charities and Trustee Investment (Scotland) Act 2005. This means that cases will be heard by three members one of whom is to be the chairing member. The chairing member will be a legal member.
30. Appeals from the First-tier Tribunal will be heard by the same type of judiciary i.e. Court of Session judges, as currently hear appeals in the courts. However, the appeals will take place in the Upper Tribunal as opposed to the Court of Session. The President of Tribunals will determine how the Upper Tribunal should be composed on a case by case basis.
31. Despite there not being a Chamber President in post, the draft regulations allow the person holding this position to hear cases in the Upper Tribunal if selected to do so. This will allow the General Regulatory Chamber President to hear a case in the Upper Tribunal when a President is appointed.
Questions on Composition Regulations
Q1: Do you have any comments on the proposals regarding the composition of the First-tier Tribunal General Regulatory Chamber?
Q2: Do you have any comments on the proposals regarding the composition of the Upper Tribunal when hearing referrals or appeals from the General Regulatory Chamber?
Q3: Do you have any other comments you wish to make?
Email: Emily Adams
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House