The Tribunals (Scotland) Act 2014: Consultation on 2 sets of Draft Regulations which make provision for:1) a time limit within which to seek permission to appeal a decision of the Scottish Tribunals and Rules of Procedure for the Upper Tribunal; and 2) Offences in the Scottish Tribunals

Your views on the proposed scope of each of the draft regulations prescribing a time limit for permission to appeal a decision of the Scottish Tribunals, on Rules of Procedure for the Upper Tribunal and on Offences in the Scottish Tribunals.

We received 24 responses from organisations and individuals. The majority of respondents were content with the 30 day time limit for permission to appeal. The main comments in relation to the Upper Tribunal Rules of Procedure were that rule 11(1) (Dismissal of a party’s case) was too severe.

There were also a number of other comments made by respondents in relation to other Rules of Procedure for example that the tribunal should be able to restrict unsuitable representatives or supporters.

In relation to Offences in Proceedings respondents suggested that the offence of making a false statement should be amended to read ‘knowingly make a false statement’.

We analysed the consultation responses and considered the range of views expressed. We removed rule 11(1) and will rely on rule 11(3) which says that the tribunal may dismiss proceedings or the appropriate part of them if the appellant has failed to comply with an order.

We have also amended the draft rules to include a provision that the tribunal may, if it feels there are good and sufficient reasons for doing so, refuse to permit a particular person from assisting or supporting a party.

In relation to Offences in Proceedings we amended the draft regulations to make it a defence for a person charged with an offence to prove that the false statement was not knowingly made or that a thing was not knowingly altered, concealed or destroyed.