Tribunals (Scotland) Act 2014

35 Conditions of membership etc.

(1) Schedule 7 contains provision for the terms and conditions on which ordinary and legal members of the Scottish Tribunals hold their positions.

(2) The Scottish Ministers may by regulations make provision enabling a relevant appointment or transfer to be made or have effect in such terms as to cause a person to hold permanently the type of membership or (as the case may be) particular position in question.

(3) The Scottish Ministers must consult the President of Tribunals before—

(a) making regulations under subsection (2), or

(b) exercising in relation to a relevant appointment or transfer the discretion allowed by such regulations.

(4) The operation of paragraphs 2 to 8 of schedule 7 is subject to provision made by regulations under subsection (2).

(5) For the purposes of subsection (2)—

(a) a relevant appointment is appointment or reappointment by the Scottish Ministers—

(i) of a person as an ordinary or legal member of the Scottish Tribunals,

(ii) of a legal member of the First-tier Tribunal as a Chamber President or Deputy Chamber President in the Tribunal, or

(iii) of a legal member of the Upper Tribunal as a Vice-President of the Tribunal,

(b) a relevant transfer is transfer-in to the Scottish Tribunals—

(i) of a person as an ordinary or legal member of the Tribunals by virtue of section 29(b), or

(ii) of a person to a particular position within the Tribunals by virtue of section 29(a).