SCHEDULE 1The Judicial Appointments Board for Scotland
F1Proceedings relating to the Scottish Tribunals
16A
1
Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A).
2
At least one member of the Scottish Tribunals is to take part in any proceedings relating to the function (whether or not also a member of the Board).
3
It is for the President of Tribunals to select a member of the Scottish Tribunals to take part as mentioned in sub-paragraph (2).
4
Before making a selection under sub-paragraph (3), the President of Tribunals must consult the Chairing Member.
5
Sub-paragraph (6) applies where a person taking part as mentioned in sub-paragraph (2) is not a member of the Board.
6
The person is to be treated as if a member of the Board for the purposes of—
a
sections 11 to 15 and 17, and
b
paragraphs 5, 12 and 13 of this schedule.
F26A
Sub-paragraph (6B) applies if—
a
the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A),
b
the Board authorises a person appointed under paragraph 13A(1) to assist it in relation to any proceedings relating to the function, and
c
the person authorised to assist the Board in relation to the proceedings is a member of the Scottish Tribunals.
6B
The member of the Scottish Tribunals selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the assistant is authorised to assist.
7
The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.
8
In this paragraph, “ President of Tribunals ” is to be construed in accordance with the Tribunals (Scotland) Act 2014 and the references to a member of the Scottish Tribunals are to be construed in accordance with section 13(3) of that Act.
Sch. 1 para. 16A and cross-heading inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(5) (with Sch. 9 para. 810(1)(b)); S.S.I. 2015/116, art. 2