The Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024
Purpose:
The Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024 set out the composition of the Upper Tribunal for Scotland (UTS) when hearing appeals against decisions made by Transport Scotland regarding bus service registrations.
Key Provisions:
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Composition of the Tribunal: The UTS will consist of a panel of three members for bus registration appeals:
- A legally qualified member nominated by the Scottish Ministers
- An expert member with knowledge of the bus industry nominated by the Scottish Ministers
- An industry member nominated by the Confederation of Passenger Transport (CPT)
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Chair: The legally qualified member will chair the panel.
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Disqualification: A person is disqualified from being a member of the panel if they:
- Are a member of Transport Scotland or a local authority
- Have a pecuniary interest in the outcome of the appeal
- Are biased or prejudiced in relation to the appeal
Procedure:
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Sub-Panel: The Scottish Ministers may appoint a sub-panel of the UTS to hear appeals on their behalf. The sub-panel will have the same composition as the full panel.
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Appointing Panel: The Scottish Ministers will set up an appointing panel to nominate members of the UTS for bus registration appeals. The panel will include representatives from the Scottish Ministers, the CPT, and the legal profession.
Background:
The Regulations are necessary following the passage of the Transport (Scotland) Act 2022, which provides for the establishment of the UTS and the transfer of bus registration appeals from the Sheriff Appeal Court to the UTS.
Implementation:
The Regulations will come into force on 6 April 2024.
Significance:
The Regulations ensure that bus registration appeals are heard by a panel with the necessary expertise and impartiality to make fair and informed decisions. The establishment of the UTS also provides a consistent and efficient process for handling bus registration appeals in Scotland.
The Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024
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