Scottish Ministers have made the First-tier Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 (SSI 2026/34). Made on 27 January 2026, laid before the Scottish Parliament on 29 January, the rules commence on 1 April 2026. They introduce a standardised process across First‑tier Tribunal chambers for dealing with United Nations Convention on the Rights of the Child (UNCRC) “compatibility questions”.
Under section 31 of the UNCRC (Incorporation) (Scotland) Act 2024, a compatibility question is a civil‑proceedings question about whether legislation is compatible with UNCRC requirements or whether a public authority has acted incompatibly with the Act’s section 6 duty. Tribunals must disregard contentions that appear frivolous or vexatious.(legislation.gov.uk)
The Regulations allow a party to raise a compatibility question at any stage but require sufficient detail on facts, circumstances and points of law. If detail is lacking, the tribunal may direct further particulars. Once satisfied that the issue properly arises, the tribunal must intimate it in writing to three “relevant authorities”: the Lord Advocate, the Commissioner for Children and Young People in Scotland, and the Scottish Human Rights Commission, reflecting the duty in section 34 of the 2024 Act.(legislation.gov.uk)
On intimation, the relevant authorities gain a clear pathway to intervene. Each has 14 days from receipt to notify an intention to take part and, within 7 days of that notice, to lodge written submissions in the form directed by the tribunal. The tribunal must also provide them with all documents relevant to the compatibility question and, where submissions are lodged, take steps to allow participation as parties for that issue.
Case management powers are expressly set out. Tribunals may list a separate hearing on the compatibility question, and may pause, adjourn or sist proceedings while the point is determined. If a relevant authority does not enter at first instance, it may still intervene on any appeal to the Upper Tribunal, and-on request-the tribunal must notify that authority of the outcome, including any appeal outcome.
The Regulations add a cross‑system rule for references to the Inner House of the Court of Session. Where a compatibility question is referred, the tribunal must intimate the reference to all parties and to the relevant authorities and supply the documents they need to consider involvement. This sits alongside section 35(2) of the 2024 Act, which requires a tribunal from which there is no appeal to refer compatibility questions to the Inner House.(legislation.gov.uk)
Coverage is system‑wide. Amendments apply to the Health and Education Chamber, General Regulatory Chamber (including Charity Appeals, Parking and Bus Lane Appeals, and Police Appeals), Housing and Property Chamber, Tax Chamber, Social Security Chamber and the Local Taxation Chamber. The aim is consistent handling of UNCRC issues wherever they surface in devolved tribunal business.
Two targeted drafting updates in the Health and Education Chamber rules and the Social Security Chamber rules clarify that the tribunal must consider the “views of the child or young person”, aligning language with the rights framework and ensuring age‑appropriate participation in cases engaging children’s interests.
For representatives, local authorities and regulated bodies, the operational shift is immediate from 1 April. Case teams should prepare template pleadings capable of setting out compatibility questions with sufficient factual and legal detail; build a protocol for prompt intimation packs to the Lord Advocate, CYPCS and SHRC; plan for parallel timetables if a separate compatibility hearing is fixed; and budget for potential delay where proceedings are sisted. The Lord Advocate’s independent power to institute proceedings to determine a compatibility question remains in place.(legislation.gov.uk)