- Latest available (Revised)
- Point in Time (07/11/2019)
- Original (As enacted)
Point in time view as at 07/11/2019. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Tribunals (Scotland) Act 2014,
PART 7
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Each of the First-tier Tribunal and the Upper Tribunal may be convened at any time and place in Scotland to hear or decide a case or for any other purpose relating to its functions.
(2)Subsection (1) is subject to any provision made by Tribunal Rules as to the question of when and where in Scotland the Scottish Tribunals are to be convened (and such Rules may allow the President of Tribunals to determine the question).
Commencement Information
I1S. 61 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)In relation to the things mentioned in subsection (3), each of the First-tier Tribunal and the Upper Tribunal has such powers, rights, privileges and other authority with respect to any case before it as are provided for in Tribunal Rules.
(2)Rules making provision for the purpose of subsection (1) may (in particular) do so in relation to any kind of authority by reference to any authority of a relevant description exercisable by the sheriff or the Court of Session.
(3)The things are—
(a)the citation, attendance or examination of witnesses,
(b)the recovery, production or inspection of relevant materials,
(c)the commissioning of reports of any relevant type,
(d)other procedural, evidential or similar measures.
(4)In subsection (3)(b), “materials” means documents and other items.
Commencement Information
I2S. 62 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)A decision made by the First-tier Tribunal or the Upper Tribunal in any matter in a case before it is enforceable by the means provided for in Tribunal Rules.
(2)Subsection (1) applies to a decision—
(a)on the merits of such a case,
(b)as to—
(i)payment of a sum of money, or
(ii)expenses by virtue of section 64, or
(c)otherwise affecting the rights, obligations or interests of a party in such a case.
(3)Subsection (1) is subject to section 58(3) as respects a determination to which that section relates.
(4)Rules making provision for the purpose of subsection (1) may (in particular) do so in relation to a relevant order by reference to the means of enforcing an order of the sheriff or the Court of Session.
(5)In subsection (4), “relevant order” means order of either of the Tribunals giving effect to a decision to which subsection (1) applies.
Commencement Information
I3S. 63 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)In connection with proceedings in a case before the First-tier Tribunal or the Upper Tribunal, the Tribunal may award expenses so far as allowed in accordance with Tribunal Rules.
(2)Where such expenses are awarded, the awarding Tribunal is to specify by and to whom they are to be paid (and to what extent).
(3)Tribunal Rules may make provision—
(a)for scales or rates of awardable expenses,
(b)for—
(i)such expenses to be set-off against any relevant sums,
(ii)interest at the specified rate to be chargeable on such expenses where unpaid,
(c)stating the general or particular factors to be taken into account when exercising discretion as to such expenses,
(d)about such expenses in other respects.
(4)Tribunal Rules may make provision—
(a)for disallowing any wasted expenses,
(b)for requiring a person who has given rise to such expenses to meet them.
(5)Rules making provision as described in subsection (3) or (4) may also prescribe meanings for “relevant sums”, “specified rate” and “wasted expenses” as used in this section.
Commencement Information
I4S. 64 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)The Scottish Ministers may by regulations confer on the First-tier Tribunal and the Upper Tribunal such additional powers as are necessary or expedient for the proper exercise of their functions.
(2)Regulations under subsection (1) may include provision—
(a)relying on the effect of an act of sederunt made by the Court of Session,
(b)causing Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 to apply to the making of a relevant act of sederunt as it does to the making of Tribunal Rules.
(3)Before making regulations under subsection (1), the Scottish Ministers must obtain the Lord President's approval.
Commencement Information
I5S. 65 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)The Scottish Ministers may by regulations modify the application of any enactment so far as they consider to be necessary or expedient for the purposes of or in connection with the matters to which this subsection applies.
(2)Regulations under subsection (1) may include provision—
(a)relying on the effect of an act of sederunt made by the Court of Session,
(b)causing Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 to apply to the making of a relevant act of sederunt as it does to the making of Tribunal Rules.
(3)Subsection (1) applies to—
(a)the making of Tribunal Rules,
(b)the effect of—
(i)this Part, or
(ii)Tribunal Rules.
(4)Before making regulations under subsection (1), the Scottish Ministers must obtain the Lord President's approval.
Commencement Information
I6S. 66 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)The Scottish Ministers may by regulations make provision, in relation to proceedings before the First-tier Tribunal or the Upper Tribunal—
(a)for offences and penalties—
(i)for making a false statement in an application in a case,
(ii)for failure by a person to attend, or give evidence in, such proceedings when required to do so in accordance with Tribunal Rules,
(iii)for alteration, concealment or destruction by a person of, or failure by a person to produce, something that is required to be produced in such proceedings in accordance with Tribunal Rules,
(b)about the circumstances in which a person need not give evidence or produce something (for example, where a person could not be compelled to give evidence or produce something in proceedings in a case before the sheriff or in the Court of Session).
(2)The maximum penalties that may be provided for in regulations under subsection (1) are—
(a)for an offence triable summarily only, imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both),
(b)for an offence triable either summarily or on indictment—
(i)on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),
(ii)on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine (or both).
(3)Before making regulations under subsection (1), the Scottish Ministers must obtain the Lord President's approval.
Commencement Information
I7S. 67 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(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 Scottish 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 Tribunal Rules (and in this Act they are referred to as Tribunal Rules).
(3)Tribunal Rules are to be made by the Court of Session by act of sederunt.
(4)Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 includes further provision about the making of Tribunal Rules.
Commencement Information
I8S. 68 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)Tribunal Rules may confer functions on the persons mentioned in subsection (5) or the other members of the Scottish Tribunals.
(2)Tribunal Rules may, in relation to any functions exercisable by the persons mentioned in subsection (5) or the other members of the Scottish 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.
(3)Tribunal Rules may make provision relying on the effect of directions issued, or to be issued, under section 74.
(4)Neither Tribunal Rules nor directions under section 74 may make provision altering the operation of section 37(1) or 39(1).
(5)For the purposes of subsections (1) and (2), the persons are—
(a)the Lord President,
(b)the President of Tribunals,
(c)in the First-tier Tribunal—
(i)a Chamber President,
(ii)a Deputy Chamber President,
(d)a Vice-President of the Upper Tribunal.
Commencement Information
I9S. 69 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(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—
(a)chambers or divisions,
(b)types of proceedings.
(3)Tribunal Rules may make different provision for different purposes in any other respects.
(4)The generality of section 68(1) is not limited by—
(a)sections 71 to 73, or
(b)any other provisions of this Act about the content of Tribunal Rules.
(5)As well as Chapter 1, see (for example) sections 28(5), 42(1), 43(3)(b) and 59(2).
Commencement Information
I10S. 70 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)Tribunal Rules may make provision about proceedings in a case before the Scottish 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 of their own initiative.
Commencement Information
I11S. 71 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)Tribunal Rules may make provision about hearings in a case before the Scottish 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, mediation, arbitration or adjudication for resolving a dispute to which the case relates,
(h)allow for the imposition of reporting restrictions for particular reasons arising in a case.
Commencement Information
I12S. 72 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)Tribunal Rules may, in connection with proceedings before the Scottish 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 Scottish 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 Scottish 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 Scottish 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.
Commencement Information
I13S. 73 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)The President of 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)A Chamber President in the First-tier Tribunal may issue directions as to the practice and procedure to be followed in proceedings in the chamber over which the Chamber President presides.
(3)A Vice-President of the Upper Tribunal may issue directions as to the practice and procedure to be followed in proceedings in the division over which the Vice-President presides.
(4)Directions under subsection (2) or (3) may not be issued without the approval of the President of Tribunals.
Commencement Information
I14S. 74 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)The President of Tribunals must arrange for directions under section 74(1), (2) or (3) to be published in such manner as the President of Tribunals considers appropriate.
(2)Directions under section 74(1), (2) or (3) may—
(a)vary or revoke earlier such directions,
(b)make different provision for different purposes (in the same respects as Tribunal Rules).
(3)If (and to the extent that) any conflict arises between—
(a)directions issued under section 74(1), and
(b)directions issued under section 74(2) or (3),
those issued under section 74(1) are to prevail.
Commencement Information
I15S. 75 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
(1)The Scottish Ministers may by regulations make provision for the reasonable fees that are to be payable in respect of any matter that may be dealt with by the Scottish Tribunals.
(2)Regulations under subsection (1) may provide for (in particular)—
(a)scales or rates of fees,
(b)in relation to fees—
(i)reduction in amount,
(ii)exemption or waiver.
(3)Before making regulations under subsection (1), the Scottish Ministers must consult—
(a)the Lord President,
(b)to such extent as they consider appropriate, persons having an interest in the operation and business of the Scottish Tribunals.
Commencement Information
I16S. 76 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 77 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), Sch. 4 para. 8; S.S.I. 2015/77, art. 2(2)(3), Sch.
(1)The President of Tribunals is to prepare an annual report about the operation and business of the Scottish Tribunals.
(2)An annual report is to be given to the Lord President at the end of each financial year.
(3)An annual report—
(a)must explain how the Scottish Tribunals have exercised their functions during the financial year,
(b)may contain such other information as—
(i)the President of Tribunals considers appropriate, or
(ii)the Lord President requires to be covered.
(4)The Lord President must—
(a)publish each annual report in a manner suitable for bringing it to the attention of persons having an interest in the operation and business of the Scottish Tribunals,
(b)before so publishing it, send a copy of the report to the Scottish Ministers.
Commencement Information
I17S. 78 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: