- Latest available (Revised)
- Point in Time (08/01/2016)
- Original (As enacted)
Point in time view as at 08/01/2016.
There are currently no known outstanding effects for the Tribunals (Scotland) Act 2014,
PART 2
.
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.
11(1)This schedule Part applies in relation to the ordinary members and legal members of the Scottish Tribunals (but not the judicial members of the Tribunals).S
(2)The references in this schedule Part to a member of or position in the Scottish Tribunals are to be read accordingly.
Commencement Information
I1Sch. 8 para. 11 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
12SIn this schedule Part, the references to unfitness to hold the position of member of the Scottish Tribunals are to unfitness by reason of inability, neglect of duty or misbehaviour.
Commencement Information
I2Sch. 8 para. 12 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
13(1)The First Minister must constitute a fitness assessment tribunal when requested to do so by the Lord President.S
(2)The First Minister may constitute a fitness assessment tribunal—
(a)in such other circumstances as the First Minister thinks fit, and
(b)following consultation with the Lord President.
(3)The function of a fitness assessment tribunal is to investigate and report on whether a member of the Scottish Tribunals is unfit to hold the position of member of the Tribunals.
Commencement Information
I3Sch. 8 para. 13 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
14SThe Court of Session may by act of sederunt make provision as to the procedure to be followed in proceedings at a fitness assessment tribunal.
Commencement Information
I4Sch. 8 para. 14 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
15(1)A fitness assessment tribunal is to consist of—S
(a)one person who is, or has been—
(i)a judge of the Court of Session (except a temporary judge), or
(ii)a sheriff (except a part-time sheriff),
(b)one person who is—
(i)where the member under investigation is an ordinary member, another ordinary member, or
(ii)where the member under investigation is a legal member, another legal member, and
(c)one person who does not fall (and has never fallen) within a category of person who may be a member of the tribunal by virtue of sub-paragraph (a) or (b).
(2)The selection of persons to be members of the tribunal is to be made by the First Minister with the agreement of the Lord President.
Commencement Information
I5Sch. 8 para. 15 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
16(1)The Scottish Ministers—S
(a)must pay such expenses as they consider are reasonably required to be incurred to enable a fitness assessment tribunal to carry out its functions,
(b)may pay such remuneration to, and expenses of, any member of such a tribunal as they think fit.
(2)Sub-paragraph (1)(b) does not apply in relation to such a member if the member is a sheriff or a judge of the Court of Session.
Commencement Information
I6Sch. 8 para. 16 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
17(1)A fitness assessment tribunal may require any person—S
(a)to attend its proceedings for the purpose of giving evidence,
(b)to produce documents in the person's custody or under the person's control.
(2)A person on whom such a requirement is imposed is not obliged to answer any question or produce any document which the person would be entitled to refuse to answer or produce in a court of law in Scotland.
Commencement Information
I7Sch. 8 para. 17 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
18(1)Sub-paragraph (2) applies where a person on whom a requirement has been imposed under paragraph 17(1)—S
(a)refuses or fails, without reasonable excuse—
(i)to comply with the requirement,
(ii)while attending the tribunal proceedings to give evidence, to answer any question,
(b)deliberately alters, conceals or destroys any document which the person is required to produce.
(2)The Court of Session may, on an application made to it by the tribunal—
(a)make such order for enforcing compliance or otherwise as it thinks fit, or
(b)deal with the matter as if it were a contempt of the Court.
Commencement Information
I8Sch. 8 para. 18 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
19(1)Sub-paragraph (2) applies if the Lord President requests the First Minister to constitute a fitness assessment tribunal to investigate whether a member of the Scottish Tribunals is unfit to hold the position of member of the Tribunals.S
(2)The Lord President may suspend the member from the position at any time before the tribunal submits its report as required by paragraph 22(2).
(3)Suspension under sub-paragraph (2) lasts until (whichever is earlier)—
(a)the Lord President revokes it, or
(b)the report is laid as required by paragraph 22(3).
Commencement Information
I9Sch. 8 para. 19 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
20(1)Sub-paragraph (2) applies if a fitness assessment tribunal—S
(a)recommends that a member of the Scottish Tribunals who is subject to its investigation should be suspended from the position as member of the Tribunals, and
(b)does so in writing at any time before the tribunal submits its report as required by paragraph 22(2).
(2)The First Minister may suspend the member from the position at any time before laying the report as required by paragraph 22(3).
(3)Suspension under sub-paragraph (2) lasts until (whichever is earlier)—
(a)the First Minister revokes it, or
(b)the report is laid as required by paragraph 22(3).
Commencement Information
I10Sch. 8 para. 20 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
21SSuspension under paragraph 19(2) or 20(2) does not affect any remuneration payable to, or in respect of, the member concerned during the period of suspension.
Commencement Information
I11Sch. 8 para. 21 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
22(1)A report by a fitness assessment tribunal must—S
(a)be in writing, and
(b)contain reasons for its conclusions.
(2)As soon as reasonably practicable after it is completed, such a report must be submitted by the tribunal to—
(a)the First Minister, and
(b)the Lord President.
(3)The First Minister must lay before the Scottish Parliament each report submitted under sub-paragraph (2).
Commencement Information
I12Sch. 8 para. 22 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
23(1)If the relevant condition is met, the First Minister may remove a member of the Scottish Tribunals from the position of member of the Tribunals.S
(2)The relevant condition is that a fitness assessment tribunal has submitted a report under paragraph 22(2) concluding that the member is unfit to hold the position of member of the Scottish Tribunals.
Commencement Information
I13Sch. 8 para. 23 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: