Draft Regulations laid before the Scottish Parliament under section 79(2)(a) of the Tribunals (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.
2018 No.
The First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2) and 79(1)(b) of the Tribunals (Scotland) Act 20141 and all other powers enabling them to do so.
In accordance with section 11(1) of that Act, they have obtained the approval of the Lord President for the making of these Regulations and have consulted such other persons as they considered appropriate.
In accordance with section 79(2)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
1
These Regulations may be cited as the First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018.
2
These Regulations come into force on 22nd November 2018.
Interpretation2
In these Regulations—
“the 2018 Act” means the Social Security (Scotland) Act 20182; and
“the First-tier Tribunal” means the First-tier Tribunal for Scotland.
Allocation of social security functions to the Social Security Chamber3
1
The social security functions of the First-tier Tribunal are allocated to the Social Security Chamber3.
2
The social security functions of the First-tier Tribunal are the functions conferred on the Tribunal by the 2018 Act and by regulations made under that Act.
Scope of consideration by the Social Security Chamber4
The First-tier Tribunal Social Security Chamber may consider all aspects of a determination or a decision which it is called upon to consider, in exercising the functions allocated to it by regulation 3, and not only the particular aspect challenged by the party appealing against the determination or decision.
Chamber president5
Until the Scottish Ministers begin to provide a type of assistance under the 2018 Act that requires determination on the basis of ongoing entitlement, within the meaning of section 51 of that Act, the following provisions of the Tribunals (Scotland) Act 2014 will not apply in relation to the presidency of the First-tier Tribunal Social Security Chamber—
a
section 21(2); and
b
in schedule 4—
i
in paragraph 5(1), the words “(other than a Chamber President)”; and
ii
in paragraph 7, sub-paragraphs (3) and (4)(a).
(This note is not part of the Regulations)