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Upper Tribunal for Scotland (Bus Registration Appeals Rules of Procedure) Regulations 2024 (SSI 2024/249)
Our second agenda item is consideration of the negative Scottish statutory instrument, SSI 2024/249, the Upper Tribunal for Scotland (Bus Registration Appeals Rules of Procedure) Regulations 2024. I refer members to paper 1.
As members do not have any comments, does the committee agree that that concludes our consideration of the regulations and that we have no recommendations on the SSI?
Members indicated agreement.
Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024 [Draft]
Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024 [Draft]
Our third agenda item is consideration of two draft affirmative instruments: the draft Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024 and the draft Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024. I welcome to the meeting, Siobhian Brown, Minister for Victims and Community Safety, and Alasdair Thomson, senior policy officer, tribunals. Thank you for joining us this morning. I refer members to paper 2 and invite the minister to speak to the draft regulations.
Thank you, convener, and good morning, committee. The instruments before you are the Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024 and the Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024.These regulations are part of a package of four instruments that are closely connected and were all laid on the same date. The two affirmative instruments are important as they will continue the work to bring current tribunal functions into the Scottish tribunals structure and are essential as part of a wider package to enforce bus services improvement partnerships.
The first instrument, if passed, will transfer the devolved functions of the transport tribunal to the Upper Tribunal for Scotland. Those functions are the appeal functions that are currently exercised by the transport tribunal for certain financial penalties imposed by the traffic commissioner for Scotland on bus operators for failures to comply with certain statutory requirements set out in section 39 of the Transport (Scotland) Act 2001.
The regulations will also make transitional provisions to ensure that any live appeals before the transport tribunal transfer to the Upper Tribunal for Scotland. Equivalent bus enforcement powers conferred on traffic commissioners in England and Wales have an appeal route directly to the United Kingdom Upper Tribunal. Hearing appeals against service standard decisions in the Upper Tribunal for Scotland will ensure equal access to justice for any cross-border operators.
The second instrument, if passed, will make provision for the composition of the Upper Tribunal when deciding appeals against certain penalties that can be imposed against an operator of a local bus service under section 39 of the Transport (Scotland) Act 2001 and service standard decisions made by the traffic commissioner for Scotland in connection with bus services improvement partnerships.
Members of the Upper Tribunal can be legal, judicial or ordinary members. When deciding the appeals outlined above, these regulations provide that the Upper Tribunal may consist of: a legal or judicial member of the Upper Tribunal acting alone, or two or three legal or judicial members of the Upper Tribunal, or the president of the Scottish tribunals, acting alone or with no more than two legal or judicial members.
The power to choose between the compositions that I have just described is delegated to the president of the Scottish tribunals. The president of the Scottish tribunals, Lady Wise, was consulted on both draft sets of regulations in line with the requirements of the Tribunals (Scotland) Act 2014. Lady Wise indicated that she was content with the two instruments. There was also a public consultation that included the regulations, which closed on 27 October 2023.
I understand that the Delegated Powers and Law Reform Committee considered both sets of regulations on 1 October 2024 and was content.
I want to highlight that these regulations will have no impact on individual members of the public as they relate only to the appeals rights of local bus operators and local transport authorities. I am happy to answer any questions, convener.
Thank you very much. Do any members have questions or comments about the instruments? I see no indication that any member wishes to speak, so we will move on to the formal business: consideration of the motions to approve the affirmative instruments. I invite the minister to move motions S6M-14609 and S6M-14610.
Motions moved,
That the Equalities, Human Rights and Civil Justice Committee recommends that the Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024 [draft] be approved.
That the Equalities, Human Rights and Civil Justice Committee recommends that the Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024 [draft] be approved.—[Siobhian Brown.]
Motions agreed to.
Does the committee agree to delegate to me approval of the publication of a short factual report on our deliberations on the affirmative SSIs that we have considered today?
Members indicated agreement.
That completes our consideration of the two affirmative instruments. I thank the minister and her official for joining us today. We will now suspend briefly for a changeover of witnesses.
10:07 Meeting suspended.Previous
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