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

Closed 9 Oct 2015

Opened 17 Jul 2015

Feedback updated 27 Jan 2016

We asked

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

You said

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 did

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.


Results updated 1 Feb 2016


Published responses

View submitted responses where consent has been given to publish the response.


The Scottish Tribunals

The Tribunals Act creates a new, simplified structure for tribunals dealing with
devolved matters in Scotland. It establishes two new tribunals: the First-tier
Tribunal for Scotland (will generally hear first instance cases) and the Upper
Tribunal for Scotland (primarily for appeals), known collectively as the Scottish
Tribunals. In due course all of the devolved tribunal jurisdictions will transferin
to the Scottish Tribunals. In the first phase, specified housing and tax
cases will transfer. 


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Why your views matter

This consultation seeks your views 1. on draft regulations that prescribe
eligibility criteria for appointment to the Scottish Tribunals (as defined in
section 1(2) of the Tribunals (Scotland) Act 2014 (“the Tribunals Act”)).
Unless otherwise stated, any reference in this paper to a section is to a
section of the Tribunals Act.