PART 4The Scottish Tax Tribunals

CHAPTER 8Practice and procedure

Tribunal rules: general

I151Tribunal rules

1

There are to be rules—

a

regulating the practice and procedure to be followed in proceedings at—

i

the First-tier Tribunal,

ii

the Upper Tribunal, and

b

containing provision of other sorts appropriate with respect to the Tax Tribunals (including in relation to the exercise by them of their functions).

2

Rules of the kind mentioned in subsection (1) are to be known as Scottish Tax Tribunal Rules (and in this Act they are referred to as tribunal rules).

3

Tribunal rules are to be made by the Scottish Ministers by regulations.

4

Before making regulations under subsection (3), the Scottish Ministers must consult—

a

the President of the Scottish Tribunals, and

b

such other persons as they consider appropriate.

I252Exercise of functions

1

Tribunal rules may, in relation to any functions exercisable by the members of the Tax Tribunals—

a

state—

i

how a function is to be exercised,

ii

who is to exercise a function,

b

cause something to require further authorisation,

c

permit something to be done on a person's behalf,

d

allow a specified person to make a decision about any of those matters.

2

Tribunal rules may make provision relying on the effect of directions issued, or to be issued, under section 57.

I353Extent of rule-making

1

Tribunal rules may make—

a

provision applying—

i

equally to both of the First-tier Tribunal and the Upper Tribunal, or

ii

specifically to one of them,

b

particular provision for each of them about the same matter.

2

Tribunal rules may make particular provision for different types of proceedings.

3

Tribunal rules may make different provision for different purposes in any other respects.

4

The generality of section 51 is not limited by—

a

sections 54 to 56, or

b

any other provisions of this Act about the content of tribunal rules.

Particular matters

I454Proceedings and steps

1

Tribunal rules may make provision about proceedings in a case before the Tax Tribunals.

2

Rules making provision as described in subsection (1) may (in particular)—

a

provide for the form and manner in which a case is to be brought,

b

allow for the withdrawal of a case (with or without restrictions on subsequent proceedings as respects the same matter),

c

set time limits for—

i

making applications,

ii

taking particular steps,

d

enable two or more applications to be conjoined in certain circumstances,

e

specify circumstances in which the tribunals may take particular steps on their own initiative.

I555Hearings in cases

1

Tribunal rules may make provision about hearings in a case before the Tax Tribunals.

2

Rules making provision as described in subsection (1) may (in particular)—

a

provide for certain matters to be dealt with—

i

without a hearing,

ii

at a private hearing,

iii

at a public hearing,

b

require notice to be given of a hearing (and for the timing of such notice),

c

specify persons who may—

i

appear on behalf of a party in a case,

ii

attend a hearing in order to provide support to a party or witness in a case,

d

specify circumstances in which particular persons may appear or be represented at a hearing,

e

specify circumstances in which a hearing may go ahead—

i

at the request of a party in a case despite no notice of it having been given to another party in the case,

ii

in the absence of a particular member chosen to exercise the function of deciding any matter in a case,

f

enable two or more sets of proceedings to be taken concurrently at a hearing in certain circumstances,

g

allow for an adjournment of a hearing for the purpose of giving the parties in a case an opportunity to use a process of negotiation or mediation for resolving a dispute to which the case relates,

h

allow for the imposition of reporting restrictions for particular reasons arising in a case.

I656Evidence and decisions

1

Tribunal rules may, in connection with proceedings before the Tax Tribunals—

a

make provision about the giving of evidence and the administering of oaths,

b

modify the application of any other rules relating to either of those matters so far as they would otherwise apply to such proceedings.

2

Tribunal rules may, in connection with proceedings before the Tax Tribunals, provide for the payment of expenses and allowances to a person who—

a

gives evidence,

b

produces a document, or

c

attends such proceedings (or is required to do so).

3

Tribunal rules may, in connection with proceedings before the Tax Tribunals, make provision by way of presumption (for example, as to the serving of something on somebody).

4

Tribunal rules may make provision about decisions of the Tax Tribunals, including as to—

a

the manner in which such decisions are to be made,

b

the incorporation in such decisions of findings in fact,

c

the recording, issuing, and publication of such decisions.

Issuing directions

57Practice directions

1

The President of the Tax Tribunals may issue directions as to the practice and procedure to be followed in proceedings at—

a

the First-tier Tribunal,

b

the Upper Tribunal.

2

Directions under subsection (1) may include instruction or guidance on the manner of making of any decision in a case.

3

Directions under subsection (1) may—

a

vary or revoke earlier such directions,

b

make different provision for different purposes (in the same respects as tribunal rules).

4

Directions under subsection (1) must be published in such manner as the President of the Tax Tribunals considers appropriate.