The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018

Composition of the Upper Tribunal when deciding a case appealed from the First-tier Tribunal

5.—(1) The Upper Tribunal, when deciding a case appealed from the First-tier Tribunal to the Upper Tribunal, must consist of—

(a) a member of the Upper Tribunal acting alone;

(b) two or three members of the Upper Tribunal;

(c) the Chamber President (except a temporary Chamber President), acting alone or with no more than two members of the Upper Tribunal;

(d) the President of the Scottish Tribunals, acting alone or with the Chamber President or with no more than two members of the Upper Tribunal; or

(e) the Lord President, acting alone or with the Chamber President or with no more than two members of the Upper Tribunal.

(2) The Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal of the case to the Upper Tribunal.

(3) For the purposes of this regulation a member of the Upper Tribunal may be a legal member or a judicial member but may not be an ordinary member.

(4) The authority to determine the composition of the Upper Tribunal in respect of the alternative compositions referred to in paragraph (1) is delegated to the President of the Scottish Tribunals, including—

(a) determining whether a member acting alone is to be a legal member or a judicial member;

(b) determining, in other cases, how many members are to be legal members and how many members are to be judicial members.

(5) In this regulation “judicial member” means a judge of the Court of Session.