Equalities, Human Rights and Civil Justice Committee

Meeting date: Tuesday, May 9, 2023

Official Report 687KB pdf

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Subordinate Legislation

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First-tier Tribunal for Scotland General Regulatory Chamber and Upper Tribunal for Scotland (Composition and Rules of Procedure) (Miscellaneous Amendment) Regulations 2023 [Draft]

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First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023 [Draft]

We move to agenda item 2, which is evidence taking on two affirmative statutory instruments. I refer members to paper 1.

I welcome to the meeting Siobhian Brown, Minister for Victims and Community Safety. She is accompanied by Marcus Chalmers, senior policy officer, and Emma Thomson, solicitor, from the Scottish Government’s legal directorate.

I recognise that this is the minister’s first appearance before the committee since her appointment. Welcome, minister. I invite you to speak to the instruments before us.

Thank you, convener, and good morning, committee.

This suite of two regulations will expand the functions of the First-tier Tribunal for Scotland general regulatory chamber to include hearing appeals against decisions of a local authority to issue penalty charge notices in relation to the low-emission zone scheme, the workplace parking licensing scheme and the dropped-footway parking, double-parking and pavement-parking prohibitions. The regulations will also amend the chamber’s composition and procedure rules to include such appeals.

The Scottish tribunals structure was created by the Tribunals (Scotland) Act 2014, which introduced the new, simplified statutory framework for tribunals in Scotland. It consists of the First-tier Tribunal and the Upper Tribunal. The Transport (Scotland) Act 2019 provides legislation that enables the creation of low-emission zones, workplace parking schemes and the new parking prohibitions. The act allows for the civil enforcement of all of those by local authorities. The route of appeal against local authority penalty charge notices for each of those is the First-tier Tribunal.

The First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023 provide for the appeal functions that I have mentioned to be allocated to the First-tier Tribunal’s general regulatory chamber.

The First-tier Tribunal for Scotland General Regulatory Chamber and Upper Tribunal for Scotland (Composition and Rules of Procedure) (Miscellaneous Amendment) Regulations 2023 amend existing regulations that make provision in relation to the rules of procedure of the general regulatory chamber when it hears parking and bus lane appeals. Those rules of procedure will apply, with modifications, to appeals against decisions of the local authority to issue penalty charge notices relating to the new low-emission zone scheme, workplace parking schemes and the new parking prohibitions. The rules will now refer to “Transport Appeals”, to include all new and existing appeals.

The regulations also amend the existing composition regulations for the general regulatory chamber in hearing parking and bus lane appeals. That provides for the new appeals to be heard by a legal member alone in the First-tier Tribunal, as is the case with the parking and bus lane appeals. The Scottish tribunals will be able to hear such appeals as of 1 June 2023.

The two instruments play a part in enabling the general regulatory chamber to hear such new appeals. I understand that the Delegated Powers and Law Reform Committee considered the regulations on 28 March and that no points were raised.

I will be happy to answer any questions, convener.

Do members have any questions? It seems not.

On a personal and a professional level, I am pleased that the regulations have come before us, because the pavement parking bill was introduced by my predecessor as an MSP, Sandra White, during her time in Parliament. I am sure that she will be delighted to see her work coming to fruition.

As no members have indicated that they wish to ask any questions or make any comments, we will move straight to item 3, which is formal consideration of the instruments. I invite the minister to move motions S6M-08337 and S6M-08338.

Motions moved,

That the Equalities, Human Rights and Civil Justice Committee recommends that the First-tier Tribunal for Scotland General Regulatory Chamber and Upper Tribunal for Scotland (Composition and Rules of Procedure) (Miscellaneous Amendment) Regulations 2023 [draft] be approved.

That the Equalities, Human Rights and Civil Justice Committee recommends that the First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023 [draft] be approved.—[Siobhian Brown]

Motions agreed to.

I invite the committee to agree to delegate to me the task of publishing a short factual report on our deliberations on the affirmative Scottish statutory instruments that we have considered today. Is that agreed?

Members indicated agreement.

That completes our consideration of the instruments. I thank the minister and her officials for attending.

We will have a brief pause before moving on to the next item.

09:52 Meeting suspended.  

09:54 On resuming—