Citation and commencement
1. These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 and come into force on 1 April 2020.
Interpretation
2. In these Regulations—
“the 1991 Act” means the Road Traffic Act 1991(1),
“the 2014 Act” means the Tribunals (Scotland) Act 2014,
“First-tier Tribunal” means the First-tier Tribunal for Scotland,
“parking adjudicator” (except insofar as the context otherwise requires in regulation 5) means a person who is appointed as a parking adjudicator under section 73(3) of the 1991 Act, and
“penalty charge” has the meaning given by section 66 of the 1991 Act.
Transfer of functions of parking adjudicators to the First-tier Tribunal
3. The functions exercised by parking adjudicators by virtue of section 72(2) and 73(3) of the 1991 Act and paragraph 5(2) of schedule 6 of that Act are transferred to the First-tier Tribunal with allocation to the General Regulatory Chamber(2).
Transfer of parking adjudicators to the First-tier Tribunal
4.—(1) Parking adjudicators are transferred to and become legal members of the First-tier Tribunal.
(2) Parking adjudicators transferred to the First-tier Tribunal under paragraph (1) are (subject to the provisions of the 2014 Act) to be members of the First-tier Tribunal in accordance with such terms and conditions of appointment as the Scottish Ministers may determine, which are to supersede any existing terms and conditions of appointment in effect prior to 1 April 2020.
(3) Paragraph (1) does not apply to any parking adjudicator if the parking adjudicator has already been transferred to and is a member of the First-tier Tribunal by virtue of regulations made under section 28(2) of the 2014 Act which were in force prior to these Regulations coming into force.
Abolition of the office of parking adjudicator
5. The office of parking adjudicator (created by section 73 of the 1991 Act) is abolished.
Transitional and saving provisions
6. Schedule 1 which contains transitional and saving provisions has effect.
Consequential amendments
7. Schedule 2 which contains consequential amendments has effect.
Revocations
8. Schedule 3 which contains revocations has effect.
ASH DENHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
24th March 2020