PART 3Acquisition of functions
Transfer-in from listed tribunals
I127Listed tribunals
1
For the purposes of this Part, the listed tribunals are the tribunals for the time being included in the list in Part 1 of schedule 1 as read in conjunction with the further specification in Part 2 of that schedule.
2
The Scottish Ministers may by regulations modify—
a
the list in Part 1 of schedule 1,
b
the further specification in Part 2 of that schedule.
3
A tribunal may be added to the list in Part 1 of schedule 1 only if it is established by or under an enactment (whenever passed or made).
4
For the purposes of this section, a reference to a tribunal includes any body, office-holder or individual having decision-making functions that are exercisable as follows (but only as far as having such or other functions that are so exercisable)—
a
as, or in the manner of, a tribunal, and
b
with respect to the determination or resolution of legal, administrative or other disputes between parties of any kind.
5
Despite that generality, a reference to a tribunal does not for the purposes of this section include—
a
any of the Scottish courts referred to in section 2 of the Judiciary and Courts (Scotland) Act 2008 (see subsection (6) of that section),
b
the Scottish Land Court,
c
a tribunal—
i
constituted under section 35 of the Judiciary and Courts (Scotland) Act 2008,
ii
constituted under F1section 21 of the Courts Reform (Scotland) Act 2014, or
iii
appointed under section 71(2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, or
d
a fitness assessment tribunal constituted under paragraph 13 of schedule 8.