The First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals (Procedure) Regulations 2017

2017 No. 364

Tribunals And Inquiries

The First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals (Procedure) Regulations 2017

Made 26th October 2017

Laid before the Scottish Parliament 30th October 2017

Coming into force 12th January 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 20141and all other powers enabling them to do so.

In accordance with paragraph 4(3) of schedule 9 of that Act, they have consulted the President of the Scottish Tribunals and such other persons as they have considered appropriate.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals (Procedure) Regulations 2017, and the Rules set out in the schedule may be cited as The First-tier Tribunal for Scotland General Regulatory Chamber Rules of Procedure 2018.

(2) These Regulations come into force on 12th January 2018.

S-2 Application of the Rules set out in the schedule

Application of the Rules set out in the schedule

2. The Rules in the schedule apply to proceedings before the First-tier Tribunal for Scotland General Regulatory Chamber, when exercising the functions allocated to it by regulation 2(1) of the First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 20182.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th October 2017

SCHEDULE

Regulation 2

THE FIRST-TIER TRIBUNAL FOR SCOTLAND GENERAL REGULATORY CHAMBER CHARITY APPEALS RULES OF PROCEDURE 2018

SCH-1.1

1. Interpretation

In these Rules

the 2005 Act” means the Charities and Trustee Investment (Scotland) Act 20053;

the 2014 Act” means the Tribunals (Scotland) Act 2014;

“chairing member” means a legal member of the First-tier Tribunal determined by the Chamber President to act as the chairing member;

“Chamber President” means the Chamber President of the First-tier Tribunal;

“decision” means a decision of OSCR referred to in section 76(1) of the 2005 Act unless the context requires otherwise;

“electronic communication” has the meaning given to it by section 15(1) of the Electronic

Communications Act 20004and “electronic signature” has the same meaning as in section 7

of that Act5;

“First-tier Tribunal” means the First-tier Tribunal for Scotland General Regulatory Chamber;

“hearing” means a sitting of the First-tier Tribunal for the purpose of enabling the First-tier Tribunal to take a decision on an appeal or on any question or matter at which the parties are entitled to attend and be heard;

“legal member” means an individual holding membership of the First-tier Tribunal in accordance with section 15(2) of the 2014 Act;

“OSCR” has the meaning given in section 1 of the 2005 Act;

“register” means the register of appeals and decisions kept in accordance with rule 27; and

“review” means the internal review provided for by section 43(1) of the 2014 Act.

SCH-1.2

2. Overriding objective

(1) The overriding objective of the First-tier Tribunal is to deal with the proceedings fairly and justly.

(2) Dealing with proceedings fairly and justly includes—

(a)

(a) dealing with the proceedings in a manner which is proportionate to the complexity of the issues and the resources of the parties;

(b)

(b) avoiding unnecessary formality and seeking flexibility in the proceedings;

(c)

(c) ensuring so far as practicable, that the parties are able to participate fully in proceedings;

(d)

(d) using any special expertise of the First-tier Tribunal effectively; and

(e)

(e) avoiding delay, so far as compatible with proper consideration of the issues.

SCH-1.3

3. Application by First-tier Tribunal of the overriding objective

(1) The First-tier Tribunal must seek to give effect to the overriding objective when it—

(a)

(a) exercises any power under these Rules; or

(b)

(b) interprets any rule.

(2) In particular the First-tier Tribunal must manage appeals actively in accordance with the overriding objective.

SCH-1.4

4. Delegation to staff

(1) Staff of the Scottish Courts and Tribunals Service with appropriate legal qualifications may, with the approval of the Chamber President, carry out functions of a judicial nature permitted or required to be done by the First-tier Tribunal provided the functions are of a preliminary or incidental nature.

(2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.

SCH-1.5

5. Notice of appeal

(1) An appeal to the First-tier Tribunal in terms of section 76 of the 2005 Act shall be made by giving notice in writing in accordance with the following paragraphs.

(2) The notice shall be addressed to the First-tier Tribunal and shall include—

(a)

(a) the name and address of the appellant;

(b)

(b) the date and, if known, the reference number of the decision against which the appeal is made;

(c)

(c) the name and address of the representative of the appellant (if any);

(d)

(d) a brief statement setting out the reasons for the appeal; and

(e)

(e) a statement that the notice is a notice of appeal.

(3) The appellant or the representative of the appellant (if any) must sign the notice of appeal.

SCH-1.6

6. Confirmation of appeal by the First-tier Tribunal

(1) Within 14 days of receipt of the notice of appeal, the First-tier Tribunal shall–

(a)

(a) send an acknowledgement of receipt of the notice of appeal to the appellant;

(b)

(b) enter the particulars of the appeal referred to in rule 5(2)(a) and (b) in the register; and

(c)

(c) advise the appellant and OSCR, in writing, of the following—

(i) the case number of the appeal;

(ii) the date by which the appellant may submit written representations to the First-tier Tribunal together with copies of all documentation provided to OSCR for the purpose of OSCR reaching the decision against which the appeal is made; and

(iii) the date by which OSCR may make written representations to the First-tier Tribunal and by which it must send to the First-tier Tribunal an authenticated copy of the decision against which the appeal is made.

(2) The date referred to in (1)(c)(ii) is to be no later than 28 days after the date of acknowledgement of receipt of the appeal.

(3) The date referred to in (1)(c)(iii) is to be no later than 42 days after the date of acknowledgement of receipt of the appeal.

SCH-1.7

7. Appeal documents

The First-tier Tribunal must as soon as possible after receipt of any document from a party to proceedings, send a copy of that document to the other party.

SCH-1.8

8. Withdrawal of appeal

(1) The appellant may withdraw the appeal

(a)

(a) at any time before the hearing of the appeal by sending a notice of withdrawal to the First-tier Tribunal; or

(b)

(b) at the hearing of the appeal.

(2) Where an appeal is withdrawn, no further appeal may be made in relation to the same decision.

SCH-1.9

9. Withdrawal of response by OSCR

OSCR may give notice to the First-tier Tribunal of the withdrawal of its response and opposition to the appeal

(a) at any time before the hearing of the appeal by sending a notice of withdrawal to the First-tier Tribunal; or

(b) at the hearing of the appeal.

SCH-1.10

10. Additional, substitution and removal of parties

(1) The First-tier Tribunal may give an order adding, substituting or removing a party as an appellant or a respondent including where—

(a)

(a) the wrong person has been named as a party; or

(b)

(b) the addition, substitution or removal has become necessary because of a change in circumstances since the start of proceedings.

(2) If the First-tier Tribunal makes an order under paragraph (1) it may make such consequential orders as it considers appropriate.

(3) A person who is not a party may make a written application to the First-tier Tribunal to be added or substituted as a party under this rule.

(4) If the First-tier Tribunal refuses an application under paragraph (3) it must consider whether to permit the person who made the application to provide submissions or evidence to the First-tier Tribunal.

SCH-1.11

11. Evidence and submissions

(1) The First-tier Tribunal may give orders as to—

(a)

(a) issues on which it requires evidence or submissions;

(b)

(b) the nature of any such evidence;

(c)

(c) whether the parties are permitted or required to provide expert evidence, and if so whether the parties must jointly appoint a single expert to provide such evidence;

(d)

(d) any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;

(e)

(e) the manner in which any evidence or submissions are to be provided, which may include an order for them to be given—

(i) orally at a hearing; or

(ii) by written submissions or witness statement; and

(f)

(f) the time at which any evidence or submissions are to be provided.

(2) The First-tier Tribunal may exclude evidence that would otherwise be admissible where—

(a)

(a) the evidence was not, without reasonable excuse, provided within the time allowed by an order or a practice direction;

(b)

(b) the evidence was otherwise, without reasonable excuse, provided in a manner that did not comply with an order or a practice direction; or

(c)

(c) it would otherwise be unfair to admit the evidence.

(3) The First-tier Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.

SCH-1.12

12. Sending and delivery of documents

(1) Any document to be provided to the First-tier Tribunal under these Rules, a practice direction or an order must be—

(a)

(a) sent by pre-paid post or document exchange, or delivered by hand, to the address of the First-tier Tribunal; or

(b)

(b) sent or delivered by such other method as the First-tier Tribunal may permit or order.

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