Tribunals (Scotland) Act 2014: Additional Support Needs Tribunals for Scotland consultation

Part 5: Draft Regulations Setting out the Eligibility Criteria for Ordinary Membership of the First-Tier Tribunal for Scotland Health and Education Chamber

Background

29. The draft regulations contained in Annex D prescribe eligibility criteria for ordinary members of the First-tier Tribunal. The criteria for ordinary (ie non legal) members have been developed specifically to cover members assigned to the Health and Education jurisdiction.

30. The criteria for legal membership of the First-tier Tribunal is generic across the Scottish Tribunals, and are already covered by the Scottish Tribunals (Eligibility for Appointment) Regulations 2015. Briefly, a person may only be appointed as a legal member if the person is practising and has practised for a period of not less than 5 years as a solicitor or advocate in Scotland. If a person is not currently practising in Scotland they must be subsequently engaged in exercising judicial functions in any court or tribunal, practice or employment as a lawyer of any kind or teaching or researching law at or for an educational institution.

Draft Regulations

31. The draft regulations contained within Annex D set out the criteria proposed to be applied by the Scottish Ministers in appointing ordinary members that hear cases within the First-tier Tribunal Health and Education Chamber.

32. The eligibility criteria are the same as the existing criteria for ordinary members of ASNTS. That is that members have knowledge or experience of children or young persons with either additional support needs within the meaning of Section 1(1) of the Education (Additional Support for Learning) (Scotland) Act 2004, or knowledge or experience of children or young persons with a disability within the meaning of section 6 of the Equality Act 2010.

QUESTIONS ON ELIGIBILITY REGULATIONS

Q1: Do you have any comments on the proposals regarding the eligibility criteria for ordinary members with health and education experience?

Q2: Are there any additional criteria you would wish to see prescribed?

Q3: Are there are proposed criteria that you do not wish to see prescribed?

Q4: Do you have any other comments you wish to make?