Draft regulations allocating bus service appeals to the Scottish Tribunals: consultation
Feedback updated 26 Mar 2024
We asked
We asked for your views on draft regulations to add the Transport Tribunal to schedule 1 of the Tribunals (Scotland) Act 2014, and to transfer certain appeal functions of the Transport Tribunal under section 39 of the Transport (Scotland) Act 2001 to the Upper Tribunal for Scotland. In addition, we asked for your views on draft regulations allocating functions relating to appeals in connection with bus services improvement partnerships to the Upper Tribunal for Scotland. Finally, we asked for your views on draft regulations setting out rules regarding composition and procedure to be followed by the Upper Tribunal when dealing with these appeals. We asked for your views on draft regulations to add the Transport Tribunal to schedule 1 of the Tribunals (Scotland) Act 2014, and to transfer certain appeal functions of the Transport Tribunal under section 39 of the Transport (Scotland) Act 2001 to the Upper Tribunal for Scotland. In addition, we asked for your views on draft regulations allocating functions relating to appeals in connection with bus services improvement partnerships to the Upper Tribunal for Scotland. Finally, we asked for your views on draft regulations setting out rules regarding composition and procedure to be followed by the Upper Tribunal when dealing with these appeals.
You said
We received a total of five responses from individuals and organisations (the organisations being local transport authorities). One respondent was content for their response to be published with their name. Two were content for their responses to be published anonymously, and the remaining two did not wish for their responses to be published.
The majority of respondents were content with the provisions. The main concerns have been addressed in the analysis of consultation responses document. Some responses commented more generally on local transport provision, which was outside of the scope of the consultation.
We did
The Scottish Government would like to thank everyone who took the time to provide a response to this consultation. We have published the non-confidential responses to the consultation and an analysis of the consultation responses (link below). We have carefully considered all of the comments provided and the responses have informed the draft regulations. We will lay the suite of draft regulations described in the preceding paragraph in the Scottish Parliament later this year. If passed, the described appeal functions outlined above will be allocated to the Upper Tribunal for Scotland.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
A consultation on allocating appeal functions to the Upper Tribunal for Scotland. This would include transferring certain appeal functions of the Transport Tribunal under the Transport (Scotland) Act 2001, and allocating new appeal functions relating to bus services improvement partnerships. The consultation also includes proposed new rules governing the composition and procedure of the Upper Tribunal when hearing those appeals.
The Tribunals (Scotland) Act 2014 ("the 2014 Act") creates a new, simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions. The 2014 Act includes powers allowing Ministers to make regulations to transfer the functions and members of a listed tribunal into the new structures.
The 2014 Act created the First-tier Tribunal for Scotland ("First-tier Tribunal") and the Upper Tribunal for Scotland ("Upper Tribunal"), known collectively as the Scottish Tribunals. The First-tier Tribunal is divided into chambers with regard to subject matter and other relevant factors.
Under section 39(1) of the Transport (Scotland) Act 2001 (“the 2001 Act”), the Traffic Commissioner may impose financial penalties on bus operators who fail to comply with certain statutory requirements. An operator may appeal to the Transport Tribunal against the imposition of such a penalty. The intention is to transfer the appeal functions under section 39 of the 2001 Act that relate to devolved matters, and are currently exercised by the UK Transport Tribunal, to the Upper Tribunal.
The Transport (Scotland) Act 2019 (“the 2019 Act”) provides a new type of statutory partnership model in the form of bus services improvement partnerships (“BSIPs”). BSIPs involve local transport authorities formulating a plan with bus operators in their area aimed at improving bus services in the area.
A key part of this model is the setting of a range of service standards which all qualifying local operators within the area of the BSIP must comply with. The Traffic Commissioner can refuse an application for registration by an operator who, in the Commissioner’s opinion, is unable to comply with the applicable operational service standards. The Traffic Commissioner can also cancel the registration of a service where the Commissioner considers that the service is not being provided in accordance with the service standard.
An appeals process must be put in place for operators and local transport authorities to appeal against the service standards decisions of the Traffic Commissioner. It has been decided to route this into the Scottish Tribunals rather than the Transport Tribunal and to transfer the devolved appeal functions for section 39 of the 2001 Act at the same time. This allows the Transport Tribunal to be wound up for Scotland. The intention is for these appeals to also be allocated to the Upper Tribunal.
Why your views matter
The intention is for these bus service related appeals to be transferred and allocated to the Upper Tribunal for Scotland.
As part of that process we are seeking views on the regulations allocating these functions to the Scottish Tribunals, and the proposed rules governing the composition and procedure of the Upper Tribunal when hearing those appeals.
What happens next
Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public at https://consult.gov.scot/
If you use Citizen Space to respond, you will receive a copy of your response via email.
Following the closing date, all responses will be analysed and considered along with any other available evidence to help us. Responses will be published where we have been given permission to do so.
Interests
- Constitution and Democracy
- Transport
- Main hub
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