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

JurisdictionScotland
CitationSSI 2017/364

2017No. 364

TRIBUNALS AND INQUIRIES

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

Made26thOctober2017

Laid before the Scottish Parliament30thOctober2017

Coming into force12thJanuary2018

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 2014( 1) and 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.

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.

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 2018( 2).

St Andrew's House,

Edinburgh

26th October 2017

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

SCHEDULE

Regulation 2

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

CONTENTS

1. Interpretation

2. Overriding objective

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

4. Delegation to staff

5. Notice of appeal

6. Confirmation of appeal by the First-tier Tribunal

7. Appeal documents

8. Withdrawal of appeal

9. Withdrawal of response by OSCR

10. Additional, substitution and removal of parties

11. Evidence and submissions

12. Sending and delivery of documents

13. Notice of hearing

14. Hearing in absence of a party

15. Absence of member of the First-tier Tribunal

16. Representatives

17. Supporters

18. Failure of parties to attend

19. Hearings in public or in private

20. Exclusion of persons disrupting proceedings

21. Orders

22. Alteration of arrangements for hearing and adjournments

23. Persons entitled to be present

24. Expenses

25. Decisions of the First-tier Tribunal

26. Publication of decisions

27. The register

28. Proof of documents and decisions

29. Correction of clerical mistakes or accidental slips or omissions

30. Application for permission to appeal a decision of the First-tier Tribunal

31. First-tier Tribunal's consideration of application for permission to appeal

32. Review of a decision

Interpretation

1. In these Rules—

the 2005 Act” means the Charities and Trustee Investment (Scotland) Act 2005( 3);

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 2000( 4) and “electronic signature” has the same meaning as in section 7 of that Act( 5);

“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.

Overriding objective

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

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

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

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

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

Application by First-tier Tribunal of the overriding objective

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

(a) exercises any power under these Rules; or

(b) interprets any rule.

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

Delegation to staff

4.—(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.

Notice of appeal

5.—(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) the name and address of the appellant;

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

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

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

(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.

Confirmation of appeal by the First-tier Tribunal

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

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

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

(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.

Appeal documents

7. 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.

Withdrawal of appeal

8.—(1) The appellant may withdraw 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.

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

Withdrawal of response by OSCR

9. 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.

Additional, substitution and removal of parties

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

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

(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.

Evidence and submissions

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

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

(b)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT