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Judiciary and Courts (Scotland) Act 2008

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[F116A(1)Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A).S

(2)At least one member of the Scottish Tribunals is to take part in any proceedings relating to the function (whether or not also a member of the Board).

(3)It is for the President of Tribunals to select a member of the Scottish Tribunals to take part as mentioned in sub-paragraph (2).

(4)Before making a selection under sub-paragraph (3), the President of Tribunals must consult the Chairing Member.

(5)Sub-paragraph (6) applies where a person taking part as mentioned in sub-paragraph (2) is not a member of the Board.

(6)The person is to be treated as if a member of the Board for the purposes of—

(a)sections 11 to 15 and 17, and

(b)paragraphs 5, 12 and 13 of this schedule.

[F2(6A)Sub-paragraph (6B) applies if—

(a)the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A),

(b)the Board authorises a person appointed under paragraph 13A(1) to assist it in relation to any proceedings relating to the function, and

(c)the person authorised to assist the Board in relation to the proceedings is a member of the Scottish Tribunals.

(6B)The member of the Scottish Tribunals selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the assistant is authorised to assist.]

(7)The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.

(8) In this paragraph, “ President of Tribunals ” is to be construed in accordance with the Tribunals (Scotland) Act 2014 and the references to a member of the Scottish Tribunals are to be construed in accordance with section 13(3) of that Act. ]

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F1Sch. 1 para. 16A and cross-heading inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(5) (with Sch. 9 para. 810(1)(b)); S.S.I. 2015/116, art. 2

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