Valid from 01/04/2015

SCHEDULE 1 S Listed tribunals

(introduced by section 27)

PART 1 S List of tribunals

1 S An Additional Support Needs Tribunal

2 S A Scottish Charity Appeals Panel

3 S The Crofting Commission

4 S An Education Appeal Committee

5 S In relation to certain Housing and other Acts—

(a) a private rented housing committee,

(b) a homeowner housing committee

6 S The Lands Tribunal for Scotland

7 S The Mental Health Tribunal for Scotland

8 S In relation to the National Health Service—

(a) the NHS National Appeal Panel,

(b) the NHS Tribunal

9 S A Parking Adjudicator

10 S A Police Appeals Tribunal

11 S A Valuation Appeal Committee.

PART 2 S Further specification

12 S The operation of section 28(1) and (2) is informed by and subject to the further specification in paragraph 13 (and the entries above are to be construed accordingly).

13 (1) The entry in paragraph 1 relates to the functions exercisable by any of the Additional Support Needs Tribunals for Scotland by virtue of section 17(1A) of the Education (Additional Support for Learning) (Scotland) Act 2004. S

(2) The entry in paragraph 2 relates to the functions exercisable by a Scottish Charity Appeals Panel by virtue of section 75(1) of the Charities and Trustee Investment (Scotland) Act 2005.

(3) The entry in paragraph 3 relates to the functions exercisable by the Crofting Commission by virtue of the Crofters (Scotland) Act 1993 or any other enactment, but only in so far as they are decision-making functions exercisable—

(a) in the manner of a tribunal, and

(b) with respect to the determination or resolution of disputes.

(4) The entry in paragraph 4 relates to the functions exercisable by an education appeal committee set up under section 28D(1) of the Education (Scotland) Act 1980.

(5) In the entry in paragraph 5—

(a) paragraph (a) relates to the functions exercisable by a private rented housing committee by virtue of section 21(3) of the Housing (Scotland) Act 2006,

(b) paragraph (b) relates to the functions exercisable by a homeowner housing committee by virtue of section 16(1) of the Property Factors (Scotland) Act 2011.

(6) The entry in paragraph 6 relates to the functions exercisable by the Lands Tribunal for Scotland by virtue of the Lands Tribunal Act 1949 or any other enactment.

(7) The entry in paragraph 7 relates to the functions exercisable by the Mental Health Tribunal for Scotland by virtue of section 21(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003.

(8) In the entry in paragraph 8—

(a) paragraph (a) relates to the functions exercisable by the NHS National Appeal Panel or its chair by virtue of paragraph 5(4) to (6) in Schedule 3 to the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (S.S.I. 2009/183),

(b) paragraph (b) relates to the functions exercisable by the NHS Tribunal by virtue of sections 29 to 32E of the National Health Service (Scotland) Act 1978.

(9) The entry in paragraph 9 relates to the functions exercisable by a parking adjudicator by virtue of sections 72(2) and 73(3) of the Road Traffic Act 1991.

(10) The entry in paragraph 10 relates to the functions exercisable by a police appeals tribunal by virtue of section 56(3) of the Police and Fire Reform (Scotland) Act 2012.

(11) The entry in paragraph 11 relates to the functions exercisable by a valuation appeal committee by virtue of section 29(1)(a) of the Local Government etc. (Scotland) Act 1994.