Scottish tribunals - UNCRC Amendment Regulations 2026: island communities impact assessment
This publication covers the island communities impact assessment ("ICIA) in relation to a suite of three amendment regulations to incorporate the raising of a UNCRC Compatibility question within the Scottish Tribunals and the Mental Health Tribunal for Scotland.
Conclusion
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.
The amending instrument impacts users of the Scottish Tribunals and the Mental Health Tribunal for Scotland however it does not place any additional burdens on parties beyond what is currently in place for accessing the Scottish Tribunals and the Mental Health Tribunal for Scotland and therefore we do not consider a full ICIA is required.
Screening ICIA completed by: Amy Kirk
Position: Senior Policy Adviser
Date: 26 January 2026
ICIA authorised by: Denise Swanson
Position: Deputy Director Civil Law and Legal Systems
Signature:
Date: 26 January 2026
Contact
Email: tribunals.policy@gov.scot