Tribunals (Scotland) Act 2014

SCHEDULE 4 Positions in First-tier Tribunal

(introduced by section 32)

PART 1 Deputy or Temporary President

Deputy President

1 If requested to do so by the President of Tribunals, the Scottish Ministers may appoint a person as a Deputy Chamber President of a particular chamber in the First-tier Tribunal.

2 (1) A person is eligible for appointment as a Deputy Chamber President only if the person is—

(a) a legal member of the First-tier Tribunal (other than a Chamber President), or

(b) if not falling within paragraph (a), eligible to be appointed as such a member (whether or not already any type of member of the First-tier or Upper Tribunal).

(2) Before requesting that a person be appointed as a Deputy Chamber President, the President of Tribunals must consult the Chamber President of the chamber concerned.

(3) If the Scottish Ministers decide not to make an appointment as a Deputy Chamber President, they must give the President of Tribunals written reasons.

3 (1) The functions of a Chamber President are exercisable by a Deputy Chamber President to such extent and in such manner as the Chamber President may direct.

(2) Except where the context otherwise requires, a reference in or under this Act to a Chamber President excludes a Deputy Chamber President.

Temporary President

4 If there is a temporary vacancy in the presidency of a particular chamber, the President of Tribunals may assign a person as a Temporary Chamber President during the vacancy.

5 (1) A person is eligible to be assigned as a Temporary Chamber President only if the person is a legal or judicial member of the First-tier Tribunal (other than a Chamber President).

(2) The functions of a Chamber President are exercisable by a Temporary Chamber President.

(3) Except where the context otherwise requires, a reference in or under this Act to a Chamber President includes a Temporary Chamber President.

PART 2 Assignment internally

Assignment by the President of Tribunals

6 (1) The President of Tribunals has the function of assigning the members of the First-tier Tribunal among the chambers (including re-assignment or ending assignment).

(2) The President of Tribunals is to assign those members among the chambers in accordance with paragraphs 7 to 9.

Assignment of Chamber Presidents

7 (1) A Chamber President of a chamber—

(a) is to be assigned to that chamber,

(b) may be assigned to act as a legal member also in another chamber.

(2) A Deputy Chamber President of a chamber—

(a) is to be assigned to that chamber,

(b) may be assigned to act as a legal member also in another chamber,

(c) is to act as such under the direction of the Chamber President of any chamber to which assigned.

(3) Assignment under sub-paragraph (1)(b) or (2)(b) is to act otherwise than as a Chamber President or Deputy Chamber President in the other chamber.

(4) Assignment under sub-paragraph (1)(b) or (2)(b) requires—

(a) the concurrence of the Chamber President of the other chamber, and

(b) the agreement of the member concerned.

Assignment of other members

8 (1) This paragraph applies in relation to an ordinary member or legal member by virtue of—

(a) appointment as such, or

(b) transfer-in as such.

(2) Each member to whom this paragraph applies—

(a) is to be assigned to at least one of the chambers,

(b) may be assigned to different chambers at different times.

(3) Any such member may be assigned to a particular chamber only with—

(a) the concurrence of its Chamber President, and

(b) the agreement of the member concerned.

(4) The assignment of any such member to a particular chamber may be ended only with the concurrence of its Chamber President.

(5) This paragraph does not apply to a legal member to whom paragraph 7(1) or (2) relates.

Assignment of judicial members

9 (1) A judicial member is to be assigned to at least one of the chambers.

(2) A judicial member—

(a) may be assigned to different chambers at different times,

(b) may be assigned to a particular chamber only with—

(i) the concurrence of its Chamber President, and

(ii) the agreement of the assignee concerned.

(3) The assignment of such a member to a particular chamber may be ended only with the concurrence of its Chamber President.