Justice Committee

Meeting date: Tuesday, September 17, 2019

Official Report 615KB pdf

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Subordinate Legislation

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Scottish Tribunals (Listed Tribunals) Regulations 2019 [Draft]

Agenda item 3 is consideration of the draft Scottish Tribunals (Listed Tribunals) Regulations 2019, which is an affirmative instrument. I welcome the Minister for Community Safety, Ash Denham, and her officials from the Scottish Government. Lauren Keillor is a courts and tribunals policy officer, and Heather McClure is a lawyer. I refer members to paper 1, which is a note by the clerk.

I believe that the minister wants to make a short opening statement.

Yes, please. Thank you, convener.

As members will see, the regulations are relatively straightforward. They amend the Tribunals (Scotland) Act 2014 to include a bus lane adjudicator in the list of tribunals whose functions may be transferred to the Scottish tribunals under that act. The act created a new, simplified statutory framework for tribunals in Scotland by establishing the Scottish tribunals. That brought together existing tribunals legislation and provided a structure for new jurisdictions.

Schedule 1 of the 2014 act sets out the bodies that may transfer into the First-tier Tribunal for Scotland. Although a parking adjudicator is listed in that schedule, a bus lane adjudicator is not. In addition to their parking appeal functions, the current four parking adjudicators undertake functions that relate to bus lane contravention appeals. The amendment supports the policy intention that the functions of the bus lane adjudicators will be transferred into the First-tier Tribunal at the same time as those of the parking adjudicators.

I understand that the Delegated Powers and Law Reform Committee considered the regulations on 3 September and that it raised no points.

I would be happy to answer any questions that the committee has on the regulations.

As members have no questions, we move to agenda item 4, which is formal consideration of the motion on the affirmative instrument.

As the minister said, the Delegated Powers and Law Reform Committee considered and reported on the regulations, and it had no comments on them. The motion will be moved, with an opportunity for a formal debate if that is necessary.

Motion moved,

That the Justice Committee recommends that the Scottish Tribunals (Listed Tribunals) Regulations 2019 [draft] be approved.—[Ash Denham]

Members have nothing to say about the instrument. It is not the most riveting of all the subordinate legislation that we have looked at.

Motion agreed to.

That concludes our consideration of the instrument. The committee’s report will note and confirm the outcome of the debate. Does the committee agree to delegate its authority to me as convener to clear the final draft of the report?

Members indicated agreement.

I thank the minister and her officials for attending and suspend the meeting briefly to allow a change of witnesses.

10:04 Meeting suspended.  

10:05 On resuming—