Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 2, 2018

Official Report 596KB pdf

Instruments subject to Affirmative Procedure

First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 [Draft]

The regulations provide for the composition of the social security chamber of the First-tier Tribunal for Scotland when dealing with appeals under certain provisions of the Social Security (Scotland) Act 2018.

The committee may wish to draw the regulations to the attention of the Parliament on reporting ground (e), as there appears to be a doubt about whether regulation 5 is intra vires. Specifically, there is a doubt about whether regulation 5 complies with section 40 of the Tribunals (Scotland) Act 2014, which sets out the rules relating to whether members of the Upper Tribunal should be ordinary, legal or judicial members.

Does the committee wish to draw the regulations to the attention of the Parliament on reporting ground (e)?

Members indicated agreement.

Does the committee consider that the provisions should be corrected to remove doubt about their compliance with section 40 of the 2014 act, by means of the Scottish Government withdrawing and relaying the draft regulations?

Members indicated agreement.

No points have been raised on the following instruments.

First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018 [Draft]

First-tier Tribunal for Scotland (Chambers) Amendment Regulations 2018 [Draft]

Is the committee content with the instruments?

Members indicated agreement.