Part IDecisions and Appeals
Chapter IGeneral
Appeals
I1I2I37Constitution of appeal tribunals
1
Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.
2
The member, or (as the case may be) at least one member, of an appeal tribunal must—
a
have a general qualification (construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); or
b
be an advocate or solicitor in Scotland.
3
Where an appeal tribunal has more than one member—
a
the President shall nominate one of the members as chairman;
b
decisions shall be taken by a majority of votes; and
c
unless regulations otherwise provide, the chairman shall have any casting vote.
4
Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.
5
In subsection (4) above “expert” means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
6
Regulations shall make provision with respect to—
a
the composition of appeal tribunals;
b
the procedure to be followed in allocating cases among differently constituted tribunals; and
c
the manner in which expert assistance is to be given under subsection (4) above.
7
Schedule 1 to this Act shall have effect for supplementing this section.