Consultation on Draft Regulations that Prescribe Eligibility Criteria for Appointment to the Scottish Tribunals

Your views on the proposed scope of each of the draft regulations prescribing eligibility criteria for appointment to the Scottish Tribunals.

We received 16 responses from organisations and individuals. The respondents were generally in favour of the draft regulations. A small number of recurring themes emerged including academics currently being excluded from becoming legal members, whether criteria should be limited to Scots trained lawyers and that being debarred from the Chartered Institute of Taxation should make a person ineligible for membership of the Tax Chamber of the First-tier Tribunal for Scotland.

We analysed the consultation responses and considered the range of views expressed. We amended the draft regulations to allow academics to become legal members of the First-tier Tribunal as long as they have previously been engaged for a period of not less than five years as a solicitor or advocate in Scotland. We have amended the draft regulations to limit eligibility for legal membership to Scots trained lawyers. We have also included provisions that debarment from the Chartered Institute of Taxation means a person is ineligible for membership as an ordinary member of the tax jurisdiction of the First-tier Tribunal.