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).