The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Cases and Upper Tribunal for Scotland (Composition) Regulations 2020

Cited as:SSI 2020/97
Jurisdiction:Scotland

2020No. 97

TRIBUNALS AND INQUIRIES

The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Cases and Upper Tribunal for Scotland (Composition) Regulations 2020

Made24thMarch2020

Coming into force1stApril2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10(2) and (3), 38(1) and (2) and 40(1) to (5) of the Tribunals (Scotland) Act 2014( 1) and all other powers enabling them to do so.

In accordance with section 11(2) of that Act, they have consulted the President of the Scottish Tribunals.

In accordance with section 79(2)(c) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1. These Regulations may be cited as the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Cases and Upper Tribunal for Scotland (Composition) Regulations 2020 and come into force on 1 April 2020.

Interpretation

2. In these Regulations—

“bus lane case” means proceedings before the First-tier Tribunal when exercising functions transferred to it by regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020( 2),

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

“First-tier Tribunal” means the First-tier Tribunal for Scotland General Regulatory Chamber( 3), and

“parking case” means proceedings before the First-tier Tribunal when exercising functions transferred to it by regulation 3 of the First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020( 4).

Composition of First-tier Tribunal

3.—(1) The First-tier Tribunal, when convened to decide any matter in a parking case or a bus lane case, must consist only of a legal member.

(2) Whenever practicable, the legal member referred to in paragraph (1) must not have had any involvement in the case prior to the appeal, referral or review of the case.

Composition of Upper Tribunal

4.—(1) The Upper Tribunal, when convened to decide an appeal, review or referral in a parking case or a bus lane case, must consist of—

(a) a member of the Upper Tribunal acting alone,

(b) the Chamber President (except a temporary Chamber President), acting alone or with a member of the Upper Tribunal,

(c) the President of the Scottish Tribunals, acting alone or with the Chamber President or with a member of the...

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