Voting where two or more members
Section 41 – Voting for Decisions
172.Section 41 makes provision for voting for decisions. Subsection (1) allows the Scottish Ministers, by regulations, to make provision regarding how decisions are voted for in panels of two or more members and how ties are resolved.
Section 42 – Chairing Members
173.Section 42 makes provision for chairing members where a decision is being taken by two or more members. Subsection (1) specifies that Tribunal Rules may make provision for determining who will be the chairing member in a case before the First-tier or Upper Tribunal. Subsection (2) makes further provision for what can be specified in Tribunal Rules in relation to chairing members.