Hansard

This suite of regulations will transfer the functions and members of the existing police appeals tribunal into the Scottish tribunal structure. The Scottish tribunal structure was created by the Tribunals (Scotland) Act 2014, which introduced a new and simplified statutory framework for tribunals in Scotland. The Scottish tribunals consist of the First-tier Tribunal for Scotland and the Upper Tribunal.

The Police and Fire Reform (Scotland) Act 2012 gives police constables the right to

“appeal to a police appeals tribunal against any decision to dismiss ... or to demote the constable in rank”.

At present, police appeals tribunals are administered by the Scottish Police Authority, and the appeals are heard and decided by three members who are drawn from a list of independent, legally qualified members, which is maintained by the Lord President. It is proposed that, upon transfer, police appeals cases will be heard in the general regulatory chamber of the First-tier Tribunal for Scotland.

The first instrument before the committee is the draft First-tier Tribunal for Scotland General Regulatory Chamber (Police Appeals) (Procedure) Regulations 2025. The instrument provides for a set of rules regarding practice and procedure to be followed by the First-tier Tribunal when hearing police appeals cases. The procedure rules are based, so far as possible, on the existing rules of procedure for police appeals cases. Opportunity is taken to update some rules; for example, around electronic signing of documents and the electronic sending of documents. To aid consistency across the Scottish tribunals, some rules that apply to all chambers in the Scottish tribunals have been added; for example, the overriding objective to deal with cases “fairly and justly” is included in the updated set of procedure rules.

The Upper Tribunal for Scotland has an existing set of procedure rules, and those are to be used for any police appeals cases that are to be heard in the Upper Tribunal.

The second instrument is the draft First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025. If passed, the instrument will transfer the functions of the existing police appeals tribunal to the First-tier Tribunal. The instrument allows for the existing members of the police appeals tribunal to be transferred into the Scottish tribunals as legal members.

The regulations will also make transitional provisions to ensure that any live appeals before the existing tribunal are transferred to the First-tier Tribunal.

The third instrument is the draft First-tier Tribunal for Scotland General Regulatory Chamber Police Appeals and Upper Tribunal for Scotland (Composition) Regulations 2025. If passed, the instrument will make provision for the composition of the First-tier Tribunal and the Upper Tribunal when hearing any police appeals cases.

The existing composition of three legally qualified members is maintained for the First-tier Tribunal. The composition rules for the Upper Tribunal are drafted in such a way as to allow the president of the Scottish tribunals flexibility when determining the composition of the Upper Tribunal. If the instruments are passed, the Scottish tribunals will be able to hear such appeals from 29 December 2025.

The Lord President and the president of the Scottish tribunals were consulted regarding the draft sets of regulations in line with the requirements of the Tribunals (Scotland) Act 2014. Feedback provided was used to further inform the development of the regulations. Public consultation that included those regulations was also conducted and closed on 22 January 2025.

It is the case that the three instruments will enable the Scottish tribunals to hear those appeals. I understand that the Delegated Powers and Law Reform Committee considered the regulations on 30 September and that no points were raised.