Scottish tribunals - UNCRC Amendment Regulations 2026: island communities impact assessment

Introduction

Summary of the aims, objectives and outcomes

The purpose of the amending instrument is to make rules relating to the raising and intimation of a United Nations Convention on the Right of the Child (‘UNCRC’) compatibility question arising in proceedings. Section 31(1) of the 2024 Act provides a definition of a compatibility question. Section 34(1) of the 2024 Act provides that where a compatibility question arises in any proceedings before a court or tribunal, intimation must be given to the Lord Advocate, the Commissioner for Children and Young People in Scotland, and the Scottish Commission for Human Rights (“relevant authorities”).

The intended outcomes are to make specific provision for the raising of compatibility questions by a party to proceedings, as well as intimation of that to the relevant authorities, and related matters. In practice the First-tier Tribunal for Scotland is already able to provide for the raising and intimation of compatibility questions within their existing rules of procedure. However, Scottish Ministers believe that more specific arrangements set out by the amending instrument could have a positive impact by helping to give practical effect to the rights of children and young people.

It is not anticipated that the impact / outcomes will differ across the islands as the amending instrument does not introduce any new obligations or requirements. The amendments relate only to parties who are already within the Tribunals system and access to the Tribunals remains unchanged

Data Gathering and Key Findings

As stated above, the amending instrument does not change access to Tribunals currently and it is not anticipated that there will be any changes affecting the islands. The amending instrument does not affect any sector not already impacted by the 2024 Act.

Consultation and engagement

In accordance with paragraph 4(3) of schedule 9 of the 2014 Act, Scottish Ministers have consulted the President of the Scottish Tribunals and such other persons as they considered appropriate prior to making these amending instruments, including relevant authorities.

The consultation comprised of two phases, a consultation on indicative draft rules along with questions, followed by a consultation on the rules. The amending instruments have been adjusted further to this engagement.

Assessment

The amending instrument does not affect any sector not already impacted by the 2024 Act and is not likely to have an effect on an island community which is significantly different from its effect on other communities.