53-669: The Traffic Penalty Tribunal is a tribunal in the United Kingdom which manages appeals against penalty charge notices or PCNs, a form of civil penalty , for areas in England outside of London. It was created by statute to fulfil provisions of the Traffic Management Act 2004 , it is partly responsible to the PATROL joint committee, a collection of local authorities responsible for enforcing PCNs who make use of
106-625: A permanent secretary , two law officers – the Lord Advocate and the Solicitor General for Scotland – who serve as the chief legal advisers to the government, and the chief of staff to the first minister , as well as several other government officials, personal secretaries and advisers to the Scottish Government and the first minister. The head of the Scottish Government is the first minister who also serves as
159-573: A breakdown of public spending, the work of senior civil servants in the Scottish Government, including their job titles and salaries, as well as government assessment against objectives in order to highlight how well the government is doing in achieving the targets and objectives it creates through the National Performance Framework and Programme for Government. Additionally, the Freedom of Information (Scotland) Act 2002 gives
212-511: A committee under Sir Oliver Franks to report on administrative tribunals and inquiries, though not ministerial decisions of the kind that Crichel Down had exposed. The Franks Report was published in July 1957 and its principal effect was to move tribunals from an executive and administrative model towards a judicial footing. Franks identified three principles for the operation of tribunals: Take openness. If these procedures were wholly secret,
265-543: A court of law, common law and legislative rules about court proceedings do not apply directly to tribunals. The majority of tribunals are designed to be accessible without legal representation. However, parties may choose to have a solicitor , barrister (or advocate in Scotland), or lay representation. In some particularly niche tribunals, legal representation can be more common. Some tribunals can award costs, but not all. Tribunals have limited powers (depending on
318-617: A majority of MSPs in the Scottish Parliament, where it will then be put to the Monarch to receive royal assent. Once royal assent has been given by the Monarch, the bill becomes a law of the Scottish Parliament and becomes embedded in Scots law. Once a bill is successful in becoming law, the Scottish Government has the responsibility to ensure subordinate legislation, which often comes in the form of Scottish statutory instruments,
371-604: A proposal by the Parliament. The Scottish Parliament can legislate on any matter that is not reserved to the Parliament of the United Kingdom . Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers :
424-752: A structure for new ones. The Act created two new tribunals, the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland. The Lord President is the head of the Scottish Tribunals and has delegated various functions to the President of Scottish Tribunals, Lord Woolman. The most prominent tribunal is the First-tier Tribunal , which inherited the jurisdictions of many different pre-2007 tribunals. It
477-507: Is directly accountable to the Scottish Parliament for their actions and the actions of the wider government and cabinet. The office is held by John Swinney of the Scottish National Party since 7 May 2024. The first minister is supported by the deputy first minister who deputises for the first minister during periods of absence, such as when he is attending overseas visits and international engagements, and may act on
530-642: Is divided into several "chambers", grouped around broad subject headings. It appeals to the Upper Tribunal , which is a senior court of record . From the Upper Tribunal, there is a right of appeal to the Court of Appeal of England and Wales , Court of Appeal of Northern Ireland , or Court of Session if in Scotland. Together, the First-Tier Tribunal and the Upper Tribunal may be known as
583-583: Is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service , and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of
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#1732780946368636-514: Is implemented accordingly so that the new law begins to work and that any additional measures and features can be added in order to make the law work and ensure its effective implementation and operation. The Scottish Government publishes statistics based on the majority of public life in Scotland, including, but not limited to, education, the economy, healthcare, population, death, marriages and births, as well as living standards. The government uses such statistics in order to evaluate its work against
689-719: Is one of the Law Officers of the Crown , and the deputy of the Lord Advocate, whose duty is to advise the Scottish Government on Scots law. They are also responsible for the Crown Office and Procurator Fiscal Service which together constitute the Criminal Prosecution Service in Scotland . Together with the Lord Advocate, the Solicitor General for Scotland is one of the senior legal advisors to
742-683: Is supported by the Cabinet Secretariat, based at St Andrew's House . While the Scottish Parliament is in session, Cabinet meets weekly. Normally meetings are held on Tuesday afternoons in Bute House , the official residence of the First Minister . Members of the Scottish Cabinet receive blue despatch boxes for their use while in office. There are currently two sub-committees of cabinet: The Lord Advocate
795-648: Is the General Commissioners of Income Tax created in 1799. The UK tribunal system can be seen as beginning with the coming into force of the National Insurance Act 1911 which provided for adjudication of disputes by appeal to the Insurance Commissioners, and from there to a county court. During the twentieth century, UK government ministers acquired more and more power and were vested with decisions that affected
848-470: Is the executive arm of the devolved government of Scotland . It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution . Its areas for responsibility of decision making and domestic policy in the country include the economy , education , healthcare , justice and the legal system , rural affairs, housing, the crown estate , the environment,
901-504: Is the principal legal adviser for both the Scottish Government and the Crown in Scotland on civil and criminal matters that fall within the devolved powers of the Scottish Parliament . The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which
954-723: The Gender Recognition Panel , the Planning Inspectorate and the Company Names Tribunal . Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal and regulatory supervision. The UK tribunal system is headed by the Senior President of Tribunals . The earliest extant tribunal
1007-527: The Royal Arms with the Flag of Scotland . The Scottish Government is separate from the Scottish Parliament , with the parliament being made of 129 Members of the Scottish Parliament elected by the electorate of Scotland during Scottish Parliamentary elections. The Scottish Parliament acts as the law making body for devolved matters which fall under the responsibility of the Scottish Government. The work of
1060-559: The Scottish Liberal Democrats . During this period, ministerial appointees were divided into ministers and deputy ministers. The Labour-Liberal Democrat coalition continued under subsequent First Ministers Henry McLeish and Jack McConnell . Following the 2007 Scottish Parliament election , Alex Salmond headed a Scottish National Party administration until his resignation in 2014 and the appointment of his former Deputy First Minister Nicola Sturgeon . Since 2007,
1113-472: The Tribunals, Courts and Enforcement Act created a new unified structure for tribunals and recognises legally qualified members of tribunals as members of the judiciary of the United Kingdom who are guaranteed continued judicial independence . The Tribunals (Scotland) Act 2014 created a new, simplified statutory framework for tribunals in Scotland, bringing existing jurisdictions together and providing
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#17327809463681166-543: The keeper of the Great Seal whilst in office as first minister. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad. In their capacity as Keeper of the Great Seal of Scotland,
1219-738: The lord advocate and the solicitor general for Scotland . Collectively the Scottish Ministers and the Civil Service staff that support the Scottish Government are formally referred to as the Scottish Administration. In 1885, many domestic policy functions relating to Scotland were brought into the responsibility of the Scottish Office , a department of the Government of the United Kingdom which
1272-613: The 'two-tier system'. However, many tribunals are still outside of this system – for instance employment tribunals . There are three legal jurisdictions in the UK: England and Wales, Northern Ireland, and Scotland. Some tribunals will cover the whole of the UK, whilst others will cover only one jurisdiction. This is because there are sizable differences between procedure in, for instance, Scots civil law and English civil law . Some courts are duplicated in different jurisdictions, eg
1325-646: The Council on Tribunals, which started work in 1959. The council's principal responsibilities were to: The Scottish ministers appointed two or three council members and three or four non-members to a Scottish Committee of which the Parliamentary Ombudsman and the Scottish Public Services Ombudsman were ex officio members. The Scottish Committee supervised certain tribunals operating in Scotland and had
1378-508: The Employment Tribunal. The Tribunals, Courts and Enforcement Act 2007 created a new unified structure for tribunals and recognises legally qualified members of tribunals as members of the judiciary of the United Kingdom who are guaranteed continued judicial independence . Most tribunal appointments are held on a fee-paid basis, but there are around 500 salaried Tribunal Judges. Most tribunal appointments are made through
1431-497: The Judicial Appointments Commission, and must meet the statutory qualification necessary for the particular tribunal. Their retirement age is 75. Tribunal Judges wear normal business dress, not robes or wigs. Each tribunal (or chamber in the 'two-tier system') is headed by a Tribunal President. Chamber/Tribunal presidents can be selected from the ranks of existing High Court Judges (in the case of
1484-532: The Scottish Executive has used the name Scottish Government. The change of name was later recognised in United Kingdom legislation by the Scotland Act 2012 . In 2001, former First Minister Henry McLeish had proposed such a change, but experienced some opposition. At the same time that the Scottish Government began to use its new name, a new emblem was adopted. It replaced the use of a version of
1537-441: The Scottish Government, including proposed legislation, policies and activities, is scrutinised by parliament through a variety of different measures such as parliamentary debates, parliament committees and parliamentary questions to the appropriate Cabinet Secretary or government minister. The Scottish Government produces a National Performance Framework which sets out the government's priorities, objectives and overall vision for
1590-643: The Upper Tribunal jurisdictions) or through open competitions run by the Judicial Appointments Commission in the case of the Employment Tribunals and the Chambers of the First-tier Tribunal. Tribunals overall are headed by the Senior President of Tribunals , appointed by the King on the recommendation of the Lord Chancellor . Lord Justice Carnwath was appointed as the first holder of
1643-675: The agreement of the Scottish Parliament. They need not be members of the Scottish Parliament. In addition to the Scottish Ministers, the Scottish Government is supported by a number of officials drawn from the UK Civil Service . They are collectively referred to as the Scottish Administration in the Scotland Act 1998. According to 2012 reports, there are 16,000 civil servants working in core Scottish Government directorates and agencies. A total of eight director–generals head Scotland's civil service department. Each director–general
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1696-729: The authority of the ordinary law. In 1988 there were calls for an Administrative Review Council to provide independent scrutiny on the Australian model but such ideas were rejected. Though the system was little altered by the Tribunals and Inquiries Act 1992 , at the start of the twenty-first century there were further calls for reform that led to the creation of the Tribunals Service in 2006, as an executive agency to manage and administer English and UK-wide tribunals. In 2011, this merged with HM Courts Service to form His Majesty's Courts and Tribunals Service . In 2007,
1749-437: The basis of confidence and acceptability would be lacking. Next take fairness. If the objector were not allowed to state his case, there would be nothing to stop oppression. Thirdly, there is impartiality. How can a citizen be satisfied unless he feels that those who decide his case come to their decisions with open minds? The report resulted in the Tribunals and Inquiries Act 1958 ( 6 & 7 Eliz. 2 . c. 66) which established
1802-510: The country following election. It serves as a means for the Scottish Government to highlight national priorities and provides an opportunity for the government to evaluate its progress towards achieving the objectives as set out in the National Performance Framework. Similarly, the Programme for Government is published annually by the incumbent Scottish Government, and it highlights the governments policies, proposed actions and legislation that
1855-501: The country. Each of the National Outcomes is measured by a number of indicators and associated data sets. The majority of bills proposed to the Scottish Parliament come from the Scottish Government. The process for introducing bills to the parliament for consideration and debate commences with the government publishing and formulating policy. A bill will only become law in Scotland under Scots law once it has been approved by
1908-431: The data to gauge how successful, or unsuccessful, government policy is and whether it is having the desired impact. In order to ensure accountability, the Scottish Government publishes information for public consumption in order to ensure the work of the Scottish Government is accessible and transparent for the public. It commits itself to publishing information in areas relating to the spending of public money and creating
1961-476: The day-to-day life of citizens. In 1954, the government was embarrassed by the Crichel Down affair which focused public fears about maladministration and the abuse of executive authority. The magnitude and complexity of ministerial decisions had caused many such decisions gradually to be delegated to a growing number of tribunals and in 1955, the government used the debate created by Crichel Down to order
2014-402: The fire service , equal opportunities, the transportation network , and tax , amongst others. The Scottish Government consists of the Scottish Ministers, which is used to describe their collective legal functions. The Scottish Government is accountable to the Scottish Parliament , which was also created by the Scotland Act 1998 with the first minister appointed by the monarch following
2067-527: The first minister is one of only a few individuals permitted to fly the Royal Banner of the Royal Arms of Scotland . The first minister is nominated by the Scottish Parliament by fellow MSPs , and is formally appointed by the monarch . The first minister appoints members of the Scottish Cabinet and junior ministers of the Scottish Government. As head of the Scottish Government, the first minister
2120-476: The first ministers behalf during First Minister's Questions in the Scottish Parliament . Whilst serving as deputy first minister, the office holder holds another cabinet position. Currently, Kate Forbes , the Cabinet Secretary for Economy and Gaelic , serves as the deputy first minister. The Scottish Cabinet collectively takes responsibility for policy coordination within the Scottish Government. It
2173-402: The government in Scotland. Whilst the Solicitor General for Scotland supports the Lord Advocate in their functions, the Solicitor General may also exercise their statutory and common law powers when necessary. The incumbent Solicitor General for Scotland is Ruth Charteris KC . The Scottish law officers are appointed by the monarch on the recommendation of the incumbent first minister, with
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2226-438: The government will seek to implement in the forthcoming year. The Scottish Government introduced the first National Performance Framework (NPF) in 2007. This framework acts a means to measure the performance of the government in eleven national outcome areas which include health, poverty, environment and education. Additionally, it creates a pledge and commitment on the aspirations and aims that government wishes to create within
2279-455: The jurisdiction of the case) to impose fines and penalties or to award compensation and costs. Other types of tribunal decisions might result in the allowance or disallowance of a benefit, leave or refusal to stay in the UK, or about the provision of special educational help for school-age children. The ordinary courts enforce tribunal decisions in cases of difficulty, and tribunals do not usually hold funds or order deposits. Tribunals are not
2332-1171: The only court-like organizations that operate outside the court system. There are organisations offering Mediation and Alternative Dispute Resolution , often with specialised adjudicators and formal procedures. These approaches differ because involvement is voluntary for both parties, and rulings are often non-binding. Scottish ministers Charles III William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP The Scottish Government ( Scottish Gaelic : Riaghaltas na h-Alba , pronounced [ˈrˠiə.əl̪ˠt̪əs nə ˈhal̪ˠapə] )
2385-529: The panel, generally on a fee-paid basis and are paid according to the number of sittings or days worked. Tribunal Members are normally appointed for five years initially and will usually have their appointment renewed for further periods provided that they are still willing to serve and considered to be competent. Tribunals are designed to be more informal than 'traditional' courts of law. They use simpler formats and less strict rules of evidence. Though often having procedures that very much resemble those of
2438-586: The post on 12 November 2007. The office of the President of Welsh Tribunals was created by the Wales Act 2017 and the first senior judicial role which relates solely to Wales. Many tribunals use lay members alongside legally-qualified judges. These may be appointed by the relevant government department (as in the Copyright Tribunal ) and will generally bring specialist expertise to
2491-472: The public the right to ask for information relating to the Scottish Government, as well as other public sectors. The Scottish Government consists of a first minister , deputy first minister , nine cabinet secretaries and eighteen other government ministers, collectively for statutory purposes, "the Scottish Ministers ". Cabinet secretaries are senior members of the Scottish Cabinet , whilst
2544-401: The remaining government ministers are junior ministers of the government and act as a deputy to the corresponding cabinet secretary of that department, and support the duties and functions of the cabinet secretary. As junior ministers of the government, ministers do not usually attend the Scottish Cabinet; only the cabinet secretary attends. Additionally, the Scottish Government is supported by
2597-464: The right to be consulted by the council before any report about a Scottish tribunal or, in some cases, the right to report themselves to the Scottish ministers. The Council had no authority to deal with any matter over which the Parliament of Northern Ireland had power to make laws. Tribunals had long been criticised. Lord Scarman had seen them as a danger to the prestige of the judiciary and
2650-582: The systems of prosecutions in Scotland and is responsible for the investigation of all sudden, suspicious, accidental and unexplained deaths which occur within Scotland. The officeholder is regarded as one of the Great Officers of State of Scotland, with the current Lord Advocate being Dorothy Bain KC , who was nominated by first minister Nicola Sturgeon in June 2021. The Solicitor General for Scotland
2703-561: The traffic penalty tribunals adjudication process. Decisions of the Traffic Penalty Tribunal can be challenged by judicial review . The appeal process is governed by the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 and The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 . The tribunal handles roughly 25000 cases per year,
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#17327809463682756-667: The vast majority of appeals are handled virtually. Tribunals in the United Kingdom In the United Kingdom , a tribunal is a specialist court with jurisdiction over a certain area of civil law . They are generally designed to be more informal and accessible than 'traditional' courts. They form part of the national system of administrative justice , with tribunals classed as non-departmental public bodies (NDPBs). Examples of tribunals include employment tribunals , Office of Fair Trading adjudicators,
2809-600: Was headed by a Secretary for Scotland, later the Secretary of State for Scotland . Following the 1997 referendum on devolution, many of the functions of the Secretary of State for Scotland were transferred to the Scottish Ministers, accountable to a devolved Scottish Parliament. The first Scottish Executive was formed by First Minister Donald Dewar as a coalition between the Scottish Labour Party and
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