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Tribunals (Scotland) Act 2014

Overview of the Act

5.The Act has 83 sections and 10 schedules. Section 82 contains definitions used in the Act and schedule 10 is an index of expressions used in the Act. The Act is organised into 8 Parts as follows:

  • Part 1 makes provision for the establishment and leadership of the Scottish Tribunals.

  • Part 2 makes provision for the composition of the Scottish Tribunals and their internal structure.

  • Part 3 makes provision so that the functions and members of a tribunal listed in schedule 1 can be transferred-in to the Scottish Tribunals.

  • Part 4 contains more detail in relation to membership of the Scottish Tribunals. Schedules 3 to 6 deal with the appointment and assignment of members. Schedule 7 sets out the terms and conditions of membership including period in office, re-appointment, termination of appointment, disqualification from office, pensions and remuneration. Schedule 8 makes provision as to the training and fitness of members including the process for removing a member from office.

  • Part 5 makes provision as to the composition of the Scottish Tribunals when exercising their decision-making functions.

  • Part 6 enables both the First-tier Tribunal and Upper Tribunal to review their own decisions and to correct or set-aside those decisions. It also provides for a general right to appeal against a decision of the First-tier Tribunal to the Upper Tribunal and against a decision of the Upper Tribunal to the Court of Session. Chapter 2 of Part 6 also enables the Court of Session to remit an application for judicial review to the Upper Tribunal for determination.

  • Chapters 1 and 2 of Part 7 make provision in respect of the practice and procedure to be followed in proceedings before the Scottish Tribunals. Chapter 3 of Part 7 makes provision for the charging of fees by the Scottish Tribunals as well as the duty of the Scottish Ministers to ensure that the Scottish Tribunals are provided with the necessary property, services and personnel which are required for their proper operation, and reporting.

  • Part 8 contains general and ancillary provisions.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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