Part IDecisions and Appeals

Chapter IGeneral

Appeals

I1I2I3I47Constitution 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.

I57

Schedule 1 to this Act shall have effect for supplementing this section.