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

Closed 15 Dec 2015

Opened 22 Sep 2015

Feedback Updated 15 Jun 2016

We Asked

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.

You Said

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 Did

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.

Results Updated 15 Jun 2016

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Published Responses

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

Overview

Part One

This part seeks your views on draft regulations that prescribe a time limit within which permission to appeal a decision of the Scottish Tribunals must be sought.  They also contain proposed rules of procedure for the Upper Tribunal for Scotland.  

 Part Two

This part seeks your views on draft regulations that create generic offences in relation to proceedings within the Scottish Tribunals created by the Tribunals (Scotland) Act 2014 (the “2014 Act”).

 

Full Consultation Paper

 

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Audiences

  • People of Scotland

Interests

  • Law and Order