Equalities, Human Rights and Civil Justice Committee

Meeting date: Tuesday, November 2, 2021

Official Report 586KB pdf

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Subordinate Legislation

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The First-tier Tribunal for Scotland (Chambers) Amendment Regulations 2021 [Draft]

Item 2 is consideration of an affirmative instrument. I welcome Ash Regan, Minister for Community Safety, who is accompanied by Scottish Government officials Paula Stevenson, tribunals policy, and Martin Brown, from the legal directorate.

I refer members to paper 1 and I invite the minister to speak to the regulations.

Thank you, convener, and good morning to the committee.

The Tribunals (Scotland) Act 2014 created a simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions.

The 2014 act created a new two-tier structure for tribunals in Scotland—a First-tier Tribunal for initial appeal decisions and an Upper Tribunal primarily for appeals from the First-tier Tribunal. The tribunals are known collectively as the Scottish tribunals.

Section 20(1) of the 2014 act provides that

“The First-tier Tribunal is to be organised into a number of chambers,”

having regard, among other things, to subject matter.

There are five existing chambers in the First-tier Tribunal. The regulation is a technical one that makes provision for a new sixth chamber, to be known as the First-tier Tribunal for Scotland local taxation chamber, which will hear appeals that are currently dealt with by valuation appeals committees and the council tax reduction review panel.

The regulations form part of a broader suite of instruments that will, in due course, be required to enable the transfer of the valuation appeals committees and the council tax reduction review panel to the First-tier Tribunal.

I understand that the Delegated Powers and Law Reform Committee considered the regulations on 5 October and that it did not raise any points, but I would be happy to answer any questions that the committee may have.

As there are no questions for the minister, we move on to item 3, which is consideration of the motion on recommending approval of the instrument.

Motion moved,

That the Equalities, Human Rights and Civil Justice Committee recommends that the First-tier Tribunal for Scotland (Chambers) Amendment Regulations 2021 [draft] be approved—[Ash Regan].

Motion agreed to.

I thank the minister for her evidence. We will take a short break to enable the minister to leave.

10:03 Meeting suspended.  

10:04 On resuming—  

I invite the committee to agree to delegate to me and the clerks the publication of a short factual report on our deliberations on the affirmative Scottish statutory instrument that we have considered.

Members indicated agreement.

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The Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2021 (SSI 2021/341)

Item 4 is consideration of a negative instrument. I refer members to paper 2. Do members have any comments on the Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2021?

As no member has indicated that they have any comments to make, are members content not to make any formal comments to the Parliament on the instrument?

Members indicated agreement.

We will suspend the meeting to allow witnesses for item 5 to come to the table.

10:04 Meeting suspended.  

10:06 On resuming—