PART 4More about membership etc.

Training, conditions and conduct

35Conditions 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).