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The Tribunals (Scotland) Act 2014 created a new structure for tribunals dealing with devolved matters under the judicial leadership of the Lord President of the Court of Session as head of the Scottish Tribunals. It created a First-tier Tribunal and an Upper Tribunal. Generally, the First-tier Tribunal will deal with cases in the first instance to which a general right of appeal will lie to the Upper Tribunal.
Under section 46(3), to appeal against a decision of the First-tier Tribunal, permission must be given by that Tribunal or, if it refuses permission, permission must be given by the Upper Tribunal.
Under section 48(3), to appeal against a decision of the Upper Tribunal, permission must be given by that Tribunal or, if it refuses permission, permission must be given by the Court of Session.
These Regulations set time limits for applications for permission to appeal to the First-tier Tribunal or the Upper Tribunal against that Tribunal’s own decision or to the Upper Tribunal against a decision of the First-tier Tribunal where permission to appeal has already been refused by the First-tier Tribunal.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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