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

Made: 14th November 2018

Coming into force: 22nd November 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2) and 79(1)(b) of the Tribunals (Scotland) Act 2014 and all other powers enabling them to do so.

In accordance with section 11(1) of that Act, they have obtained the approval of the Lord President for the making of these Regulations and have consulted such other persons as they considered appropriate.

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

Citation and commencement

1

• (1) These Regulations may be cited as the First-tier Tribunal for Scotland (Allocation of Functions to the Social Security Chamber) Regulations 2018.

• (2) These Regulations come into force on 22nd November 2018.

Interpretation

2

In these Regulations—

• “the 2018 Act” means the Social Security (Scotland) Act 2018 ; and

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

Allocation of social security functions to the Social Security Chamber

3

• (1) The social security functions of the First-tier Tribunal are allocated to the Social Security Chamber .

• (2) The social security functions of the First-tier Tribunal are the functions conferred on the Tribunal by—

• (a) the 2018 Act;

• (b) regulations made under the 2018 Act; and

• (c) the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020.

Scope of consideration by the Social Security Chamber

4

The First-tier Tribunal Social Security Chamber may consider all aspects of a determination or a decision which it is called upon to consider, in exercising the functions allocated to it by regulation 3, and not only the particular aspect challenged by the party appealing against the determination or decision.

Chamber president

5

Until 31 March 2024, the following provisions of the Tribunals (Scotland) Act 2014 will not apply in relation to the presidency of the First-tier Tribunal Social Security Chamber—

• (a) section 21(2); and

• (b) in schedule 4—

• (i) in paragraph 5(1), the words “(other than a Chamber President)”; and

• (ii) in paragraph 7, sub-paragraphs (3) and (4)(a).

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 2018-11-14

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2014 asp 10.

[^f00002]: 2018 asp 9.

[^f00003]: The First-tier Tribunal for Scotland Social Security Chamber is brought into being by S.S.I. 2018/349.

Editorial notes

[^c23431241]: 2014 asp 10.

[^c23431251]: 2018 asp 9.

[^c23431261]: The First-tier Tribunal for Scotland Social Security Chamber is brought into being by S.S.I. 2018/349.

[^key-4ef88623cc59ba4a044219cd6287996c]: Reg. 3(2) substituted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 2(2)

[^key-4e626ea643cb9043a8188d969e9a498e]: Words in reg. 5 substituted (18.3.2021) by The First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021 (S.S.I. 2021/149), regs. 1, 2(2)