- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The First-tier Tribunal for Scotland Housing and Property Chamber and Upper Tribunal for Scotland (Composition) Regulations 2016 No. 340
Draft Regulations laid before the Scottish Parliament under section 79(2)(c) of the Tribunals (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Tribunals And Inquiries
Made
2016
Coming into force
1st December 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 38(1) and 40(1) of the Tribunals (Scotland) Act 2014(1) and all other powers enabling them to do so.
In accordance with section 11(2) of that Act, they have consulted the President of Tribunals.
In accordance with section 79(2)(c) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland Housing and Property Chamber and Upper Tribunal for Scotland (Composition) Regulations 2016.
(2) These Regulations come into force on 1st December 2016.
(3) In these Regulations—
(a)“The Chamber President” means the Chamber President of the First-tier Tribunal; and
(b)“The First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber.
2.—(1) Subject to paragraph (2) the First-tier Tribunal, when convened to decide any matter in a case, shall consist of—
(a)a legal member;
(b)a legal member and one ordinary member; or
(c)a legal member with two ordinary members.
(2) An application by a landlord for assistance in exercising a right under section 181(4) of the Housing (Scotland) Act 2006(2) may be decided by the First-tier Tribunal consisting of an ordinary member.
3.—(1) The Upper Tribunal, when deciding an appeal or a referral in a case decided by or referred from the First-tier Tribunal to the Upper Tribunal shall consist of—
(a)a sheriff (except a part-time or summary sheriff);
(b)the Chamber President (except a temporary Chamber President), acting either alone or with a judicial member of the Upper Tribunal;
(c)the President of Tribunals, acting either alone or with the Chamber President or another judicial member of the Upper Tribunal; or
(d)the Lord President, acting either alone or with the Chamber President or another judicial member of the Upper Tribunal.
(2) A Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal or referral of the case to the Upper Tribunal.
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
(This note is not part of the Regulations)
These Regulations make provision as to the composition of the First-tier Tribunal for Scotland when dealing with a case in the Housing and Property Chamber. They also makes provision as to the composition of the Upper Tribunal for Scotland when hearing appeals or referrals from the First-tier Tribunal for Scotland Housing and Property Chamber.
These two Tribunals were established by the Tribunals (Scotland) Act 2014. The First-tier Tribunal is divided into chambers according to the subject matter of the case, with the Housing and Property Chamber dealing with domestic housing and property disputes. Members of the tribunals can be ordinary members, legal members or judicial members according to criteria set out in the Tribunals (Scotland) Act 2014 and regulations made under that Act. This instrument sets out what combination of different types of member may hear cases in the two tribunals.
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Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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