Police Appeals Tribunal transfer to Scottish Tribunals structure regulations: final business and regulatory impact assessment

Section 4: Additional implementation considerations

Enforcement/ compliance

This is not considered to apply to the set of regulations. The regulations transfer the functions and members of the existing PAT to the Scottish Tribunals structure. Tribunals are judicial bodies concerned with the administration and application of the law.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

The set of regulations regarding the transfer of the PAT do not relate to trade in goods or services and therefore will not impact upon the UK internal market or intra-UK trade.

International Trade Implications

The proposals in relation to the transfer of the PAT do not relate to trade in goods or services. There will therefore be no implications for international trade.

EU Alignment consideration

The proposals are not believed to have any implications for continuing alignment with the European Union.

Fees and Legal Aid

There will be no fees post-transfer for making an appeal to the First-tier Tribunal. This maintains the present position of the PAT.

Legal aid is not available in the General Regulatory Chamber of the First-tier Tribunal. Legal aid is available in an appeal to the Upper Tribunal for Scotland and in petitions for judicial review remitted to the Upper Tribunal for Scotland from the Court of Session. Given the low volumes projected for Police Appeals Cases in the First-tier Tribunal (around 2-3 per annum), the Scottish Legal Aid Board would likely be required to consider a small number of this small number of cases in respect of civil legal aid. As such, any costs to the civil legal aid fund are likely to be low, and estimated at £1,000 per annum, based on the average cost to the civil legal aid fund of an employment appeal tribunal case.

Digital impact

No negative impacts of a digital nature are expected as a result of the set of regulations. The First-tier Tribunal and Upper Tribunal already have the ability to hold hearings virtually if this is appropriate.

SCTS are committed to ensuring that digital accessibility on their platforms. This will help ensure ongoing access to justice for all parties.

Business forms

No new business forms are expected to be introduced as a result set of regulations.