The First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020

JurisdictionScotland
CitationSSI 2020/96

2020 No. 96

Tribunals And Inquiries

The First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020

Made 24th March 2020

Coming into force 1st April 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2), 28(2), 79(1) and paragraph 1(1) of schedule 2 of the Tribunals (Scotland) Act 20141and all other powers enabling them to do so.

In accordance with section 11(1)(a) and (b) of that Act, the Scottish Ministers have obtained the Lord President’s approval and have consulted such other persons as they considered appropriate.

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

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of Bus Lane Adjudicators) Regulations 2020 and come into force on 1 April 2020.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the 2011 Regulations” means the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 20112,

the 2014 Act” means the Tribunals (Scotland) Act 2014,

“bus lane adjudicator” (except insofar as the context otherwise requires in regulation 5) means a person who is appointed as a parking adjudicator for the purposes of Part 2 of the Road Traffic Act 19913and, by virtue of regulation 11(a) of the 2011 Regulations, is a bus lane adjudicator,

“bus lane contravention” has the meaning given by section 44(3) of the Transport (Scotland) Act 20014in which a motor vehicle is involved, and

“First-tier Tribunal” means the First-tier Tribunal for Scotland.

S-3 Transfer of functions of bus lane adjudicators to the First-tier Tribunal

Transfer of functions of bus lane adjudicators to the First-tier Tribunal

3. The functions exercised by bus lane adjudicators by virtue of Part 4 and Part 5 of the 2011 Regulations are transferred to the First-tier Tribunal with allocation to the General Regulatory Chamber5.

S-4 Transfer of bus lane adjudicators to the First-tier Tribunal

Transfer of bus lane adjudicators to the First-tier Tribunal

4.—(1) Bus lane adjudicators are transferred to and become legal members of the First-tier Tribunal.

(2) Bus lane adjudicators transferred to the First-tier Tribunal under paragraph (1) are (subject to the provisions of the 2014 Act) to be members of the First-tier Tribunal in accordance with terms and conditions of appointment to be offered by the Scottish Ministers immediately before transfer, which are to supersede any existing terms and conditions of appointment.

(3) Paragraph (1) does not apply to any bus lane adjudicator if the bus lane adjudicator has already been transferred to and is a member of the First-tier Tribunal by virtue of regulations made under section 28(2) of the 2014 Act which were in force prior to these Regulations coming into force.

S-5 Abolition of the office of bus lane adjudicator

Abolition of the office of bus lane adjudicator

5. The office of bus lane adjudicator (created by regulation 11(a) of the 2011 Regulations) is abolished.

S-6 Transitional and saving provisions

Transitional and saving provisions

6. Schedule 1 which contains transitional and saving provisions has effect.

S-7 Consequential amendments and revocations

Consequential amendments and revocations

7. Schedule 2 which contains consequential amendments and revocations has effect.

ASH DENHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th March 2020

SCHEDULE 1

Regulation 6

Transitional and saving provisions

SCH-1.1

1 Representations, appeals and proceedings in progress before bus lane adjudicators immediately prior to 1 April 2020 to transfer to the First-tier Tribunal

Any representation or appeal to a bus lane adjudicator in progress or pending immediately prior to 1 April 2020 not yet determined and any proceedings before a bus lane adjudicator in progress or pending immediately prior to that date must be transferred to and must be completed by the First-tier Tribunal but with so far as possible the same person hearing and determining the case before the First-tier Tribunal as a member of that tribunal as was prior to 1 April 2020 hearing the case as a bus lane adjudicator.

SCH-1.2

2 Decisions, directions and orders of bus lane adjudicators to continue in force

Any decision (whether or not called a decision), direction or order given or made in, or in respect of a representation or appeal to, any proceedings before a bus lane adjudicator which is given or made immediately prior to 1 April 2020 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.

SCH-1.3

3 Time limits in respect of representations and appeals to, and proceedings before, bus lane adjudicators to carry over to the First-tier Tribunal

Any time limit which has started to run prior to 1 April 2020 in respect of a representation, appeal or proceedings before a bus lane adjudicator (and which has not expired) continues to apply where representations, appeals or proceedings are transferred to the First-tier...

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