Tribunals - 2014 Act Flashcards
Intro
Tribunals (Scotland) Act 2014 key legislation providing thorough framework for how tribunals in Scotland work
Act modernises tribunal system to make them more efficient when dealing with cases
Purpose of Act to create an easy to use system for resolution of disputes in a large range of sections from social security to mental health
Essay will review key elements of act & reference to authority
Establishment of Scottish Tribunals
Establishes united tribunal system under Scottish Tribunals
Sets out structure as well as operation of tribunals in Scotland which includes the creation of Scottish Tribunals Service which administers tribunals
Establishment - Authority
STS made in order to support administration of tribunals which guarantees accessibility
Scottish Ministers have power to assign jurisdiction in relation to specific matters
Structure of Scottish Tribunals
2014 Act introduced new structure which made 2 categories of tribunals
First-tier Tribunal
- Primary tribunal for majority of cases and where most judicial decisions are made
Upper Tribunal
- Reviews decisions made by the FTT and has a supervisory role, deals with complex issues as well as appeals
Structure - Authority
UT empowered to hear appeals that come from the First-tier Tribunal, this follows the model of UK tribunal system
Also set out in Tribunals, Courts & Enforcement Act 2007
Tribunal Membership
Appointment of judges to tribunals
Judges are called members and appointed based off expertise in relevant area of law
Act specifies President of Tribunal has overall responsibility for leadership & management
Membership - Authority
Section 4 of Act gives Scottish Ministers power to appoint members to tribunals
Members should have relevant legal knowledge
Presidents role is overseeing work of tribunals similar to that of president of tribunal in UK system
Appeals
Key feature of act is establishment of formal process for appeals within tribunal system
Those unhappy with decision made by first-tier tribunal may seek permission to appeal to upper tribunal creating pathway for challenges to tribunal decisions
This promotes fair decision-making
Appeals - Authority
2014 Act ensures decisions can be appealed to upper tribunal which has authority to consider errors of law & procedural issues
Streamlining Tribunal System
Act aims to improve effectiveness & efficiency of tribunals through consolidating jurisdictional functions previously spread through various tribunals
Social security appeals previously handled by separate tribunals now brought under single structure
Streamlining - Authority
Under Scotland Act 1998 parliament granted the power to create devolved tribunal system
2014 act shows goal of consolidating & simplifying system making it more efficient
Conclusion
2014 act represents reform of how tribunals operate in Scotland, simple structure and a more accessible system
Gives Scottish Government power to manage tribunal procedures, membership & jurisdiction to ensure tribunals remain crucial part of Scotland’s justice system for fairly resolving disputes
Aligns with devolution of justice under Scotland Act 1998, incorporating lessons from both international and domestic tribunal systems
