Scottish Ministers have made the Upper Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 (S.S.I. 2026/33), made on 27 January 2026, laid before the Scottish Parliament on 29 January 2026 and commencing on 1 April 2026. The instrument implements procedures arising from the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.
The Regulations align how the Upper Tribunal for Scotland handles “compatibility questions” across four sets of rules: the 2016 general Rules of Procedure, the 2018 Social Security rules, the 2022 Local Taxation rules and the 2024 Bus Registration Appeals rules. The approach is intentionally uniform so chambers follow the same steps when children’s rights points arise.
Definitions are inserted for “the 2024 Act”, for “compatibility question” as defined by section 31(1) of the 2024 Act, and for “relevant authorities”, namely the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights. Terminology is therefore consistent across the affected rule sets.
A party may raise a compatibility question at any stage of proceedings. The party must set out, so far as possible, the facts, circumstances and contentions of law said to give rise to the issue. Where the basis is not sufficiently particularised, the Upper Tribunal may direct further detail to meet the overriding objective and may treat questions as frivolous or vexatious by reference to section 31(3) of the 2024 Act.
Once satisfied that a compatibility question is properly before it, the Upper Tribunal must intimate the matter in writing to each relevant authority under section 34(1) of the 2024 Act. The intimation must confirm that a compatibility question has arisen, identify the matters raised and the question itself, and, where known at the time, record each party’s position.
Relevant authorities that wish to take part as parties must give notice to the Upper Tribunal within 14 days of receiving the intimation, unless the Tribunal extends the period in exceptional circumstances. They must then provide written submissions within seven days of that notice, in the form and with onward intimation as the Tribunal directs. The Tribunal must supply all documents relevant to the consideration of the question.
Where submissions are provided, the Upper Tribunal must take steps to enable the relevant authority to participate as a party for the purposes of the compatibility question. The Tribunal may fix a separate hearing to consider the issue and may sist the main proceedings while the question is determined, using its case management powers.
A relevant authority that does not join at Upper Tribunal stage is not prevented from intervening in a subsequent appeal to the Court of Session, so far as the appeal concerns the compatibility question. If a relevant authority requests it, the Upper Tribunal must notify the authority of the outcome on the compatibility point, including any appeal outcome, as soon as practicable.
A parallel provision is added to govern references to the Inner House of the Court of Session under section 35(2) of the 2024 Act. When the Upper Tribunal refers a compatibility question, it must intimate the reference to all parties and to the relevant authorities, provide all documents to any authority that has not previously joined, and recognise that such an authority may participate as a party to the reference.
For practitioners in social security, local taxation and bus registration appeals, the changes create a single, time‑limited route for managing UNCRC compatibility issues. The fixed timetable-14 days to indicate participation and seven days to lodge submissions-signals earlier identification of potential questions, clearer records of party positions and the possibility of separate hearings or temporary sists while the point is decided.
The Scottish Ministers note that, in line with paragraph 4(3) of schedule 9 to the Tribunals (Scotland) Act 2014, they consulted the President of Tribunals and other appropriate persons before making the Regulations. The instrument is signed on behalf of the Scottish Ministers by Siobhian Brown at St Andrew’s House, Edinburgh.