PART 2Organisational arrangements
CHAPTER 2Internal structure
Structure of Upper Tribunal
23Divisions of the Tribunal
1
The Upper Tribunal is to be organised into a number of divisions, having regard to—
a
the different subject-matters falling within the Tribunal’s jurisdiction, and
b
any other factors relevant in relation to the exercise of the Tribunal’s functions.
2
Accordingly, the Scottish Ministers may by regulations make provision for and in connection with—
a
the organisation of the Tribunal as required by subsection (1),
b
the allocation of the Tribunal’s functions between the divisions.
24Vice-Presidents
1
Each division of the Upper Tribunal is to have—
a
a single Vice-President to preside over the division, or
b
two Vice-Presidents to preside over the division.
2
A Vice-President may not preside over more than one division of the Tribunal at the same time.
3
Subsections (1) and (2) are subject to section 25(1)(b).
4
In this Act—
a
a reference to a Vice-President of the Upper Tribunal is to a Vice-President of a division of the Tribunal,
b
where a division of the Tribunal has two Vice-Presidents, a reference to a Vice-President of such a division is to either or both of them (as the context requires).
25Assignment to post
1
The President of Tribunals may assign himself or herself—
a
as a Vice-President of the Upper Tribunal,
b
to preside over one or more than one division of the Tribunal.
2
Apart from the Lord President, any other judicial member of the Upper Tribunal may be assigned by the President of Tribunals—
a
as a Vice-President of the Tribunal,
b
to preside over a particular division of the Tribunal.
3
Assignment under subsection (1)—
a
remains in effect until such time as the President of Tribunals may determine,
b
does not affect the exercise by the President of Tribunals of the functions arising in that capacity.
4
Assignment under subsection (2)—
a
requires—
i
the Lord President’s approval (including as to the judicial member to be assigned),
ii
the assignee’s agreement,
b
remains in effect until such time as the President of Tribunals may determine (with such approval and agreement),
c
does not affect the exercise by the assignee of any other functions as respects the Scottish Tribunals.
26Appointment to post
1
If requested to do so by the President of Tribunals, the Scottish Ministers may appoint a person as a Vice-President of the Upper Tribunal.
2
Before making an appointment under subsection (1), the Scottish Ministers must consult the Lord President (including as to the person to be appointed).
3
A person is eligible for appointment as a Vice-President only if the person is—
a
a legal member of the Upper Tribunal, or
b
if not falling within paragraph (a), eligible to be appointed as such a member of the Tribunal (whether or not already any type of member of the First-tier or Upper Tribunal).
4
An appointment made under subsection (1) is for the Vice-President to preside over a particular division of the Tribunal.