SCOTTISH STATUTORY INSTRUMENTS
2018 No. 4
TRIBUNALS AND INQUIRIES
The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018
Made 9thJanuary 2018
Coming into force 12thJanuary 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2), 28(2) and 79(1)(b) and paragraph 1(1) of schedule 2 of the Tribunals (Scotland) Act 2014() and all other powers enabling them to do so.
In accordance with section 11(1)(a) and (b) of that Act, the Scottish Ministers have obtained the Lord President's approval and have consulted such other persons as they considered appropriate.
In accordance with section 79(2)(a) and (b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 and come into force on 12th January 2018.
(2) In these Regulations—
“the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act 2004();
“the 2010 Act” means the Equality Act 2010();
“the 2014 Act” means the Tribunals (Scotland) Act 2014;
“Additional Support Needs Tribunals for Scotland” means tribunals constituted under section 17(1) of the 2004 Act;
“convener” means a member of a panel appointed under paragraph 3(1)(a) of schedule 1 of the 2004 Act;
“functions of the Additional Support Needs Tribunals for Scotland” means the functions exercised by the Additional Support Needs Tribunals for Scotland by virtue of section 17(1A) of the 2004 Act;
“other member” means a member of a panel appointed under paragraph 3(1)(b) of schedule 1 of the 2004 Act; and
“President” means the individual appointed under section 17(2) of the 2004 Act to be President of the Additional Support Needs Tribunals for Scotland.
Transfer of functions of the Additional Support Needs Tribunals for Scotland to the First-tier Tribunal and abolition of the Additional Support Needs Tribunals for Scotland
2.—(1) The functions of the Additional Support Needs Tribunals for Scotland are transferred to the First-tier Tribunal with allocation to the Health and Education Chamber.
(2) The Additional Support Needs Tribunals for Scotland are abolished.
Transfer of members of the Additional Support Needs Tribunals for Scotland to the First-tier Tribunal
3.—(1) Subject to paragraphs (2) and (3), the conveners, other members and President of the Additional Support Needs Tribunals for Scotland on the coming into force of these Regulations are transferred to and become members of the First-tier Tribunal, with—
(a) the President becoming Chamber President of the First-tier Tribunal Health and Education Chamber;
(b) conveners becoming legal members of the First-tier Tribunal; and
(c) other members becoming ordinary members of the First-tier Tribunal.
(2) The persons transferred to the First-tier Tribunal under paragraph (1) are (subject to the provisions of the 2014 Act) to be members of the First-tier Tribunal in accordance with terms and conditions to be offered by the Scottish Ministers immediately before transfer, which are to supersede any existing terms and conditions of appointment.
(3) Paragraph (1) does not apply to any member of the Additional Support Needs Tribunals for Scotland if the member has already been transferred to and is a member of the First-tier Tribunal by virtue of regulations made under section 28(2) of the 2014 Act which were in force prior to these Regulations coming into force.
Transitional and savings provisions
4. Schedule 1 of these Regulations contains transitional and savings provisions.
Consequential amendments, repeals and revocations
5. Schedule 2 of these Regulations contains consequential provisions.
Revocations
6. Schedule 3 of these Regulations contains revocations.
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St Andrew's House,
Edinburgh
9th January 2018
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ANNABELLE EWING
Authorised to sign by the Scottish Ministers
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SCHEDULE 1
Regulation 4
Transitional and savings provisions
References, claims and proceedings in progress before the Additional Support Needs Tribunals for Scotland immediately before 12th January 2018 to transfer to the First-tier Tribunal
1. Any reference or claim to the Additional Support Needs Tribunals for Scotland in progress immediately before 12th January 2018 but not yet determined and any proceedings of the Additional Support Needs Tribunals for Scotland in progress immediately before that date shall be transferred to and be completed by the First-tier Tribunal but with so far as possible the same persons hearing and determining the case before the First-tier Tribunal as members of that tribunal as were prior to 12th January 2018 hearing the case as members of the Additional Support Needs Tribunals for Scotland.
Decisions, directions and orders of the Additional Support Needs Tribunals for Scotland to continue in force
2. Any decision (whether or not called a decision), direction or order given or made in or in respect of a reference or claim to, and proceedings before, the Additional Support Needs Tribunals for Scotland which is in force immediately before 12th January 2018 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.
Time limits in respect of references and claims to, and proceedings before, the Additional Support Needs Tribunals for Scotland to carry over to the First-tier Tribunal
3. Any time limit which has started to run before 12th January 2018 in respect of references and claims to, and proceedings before, the Additional Support Needs Tribunals for Scotland (and which has not expired) shall continue to apply where references, claims and proceedings are transferred to the First-tier Tribunal.
Application for assistance by way of representation made to the Scottish Legal Aid Board to carry over to the First-tier Tribunal.
4. Any application for assistance by way of representation made to the Scottish Legal Aid Board immediately before 12th January 2018 in relation to a claim made to an Additional Support Needs Tribunal for Scotland in accordance with Part 3 of schedule 17 of the 2010 Act (which provides for claims to be made to a tribunal that a responsible body of a school has contravened Chapter 1 of Part 6 of that Act because of a person's disability) which is still to be determined or has been approved, shall be treated on or after 12th January 2018 as if it had been made, or approved, in relation to a claim made to the First-tier Tribunal for Scotland Health and Education Chamber in accordance with Part 3 of Schedule 17 of the 2010 Act.
Unexercised right of appeal to Court of Session, if exercised, is an appeal to the Upper Tribunal
5. Where in respect of a decision of the Additional Support Needs Tribunals for Scotland before 12th January 2018, there lies a right of appeal to the Court of Session, which has not been exercised before that date but is still exercisable, any appeal on or after 12th January 2018 shall be to the Upper Tribunal as if the decision had been made by the First-tier Tribunal and the appeal shall be an appeal from the First-tier Tribunal for the purposes of section 46(1) of the 2014 Act.
Exercised right of appeal to the Court of Session shall be completed by the Court of Session
6. Where in...
