PART 5Decision-making and composition
Voting where two or more members
41Voting for decisions
(1)
The Scottish Ministers may by regulations make provision for the purposes of sections 37(1) and 39(1) in so far as a matter in a case before the First-tier Tribunal or the Upper Tribunal is to be decided by two or more members of the Tribunal, including—
(a)
for a decision to be made unanimously or by majority,
(b)
where a decision is to be made by majority, for the chairing member to have a casting vote in the event of a tie.
(2)
Subsection (1) applies in relation to the Upper Tribunal as if an extra judge who is authorised to act as mentioned in section 18(4) were a member of the Tribunal (with section 42(1) so applying accordingly).