Tribunals (Scotland) Act 2014

PART 4 More about membership etc.

Appointment and assignment

32 Scheduled provisions

(1) Schedule 3 contains provision for the First-tier Tribunal about eligibility for and appointment to—

(a) ordinary membership,

(b) legal membership.

(2) Schedule 4 contains provision for the First-tier Tribunal relating to—

(a) appointment or assignment to—

(i) a Deputy position,

(ii) a Temporary position,

(b) assignment of ordinary, legal and judicial members.

(3) Schedule 5 contains provision for the Upper Tribunal about eligibility for and appointment to—

(a) ordinary membership,

(b) legal membership.

(4) Schedule 6 contains provision for the Upper Tribunal relating to—

(a) assignment to a Temporary position,

(b) assignment of ordinary, legal and judicial members.

33 Assignment policy

(1) The Lord President must publish a document recording the policy adopted in relation to the assignment of the ordinary, legal and judicial members within each of the First-tier Tribunal and the Upper Tribunal.

(2) The Lord President must—

(a) keep the assignment policy under review,

(b) re-publish it if it is amended materially.

(3) The assignment policy—

(a) must be in terms designed to secure that appropriate use is made of the knowledge and experience of the members of the Scottish Tribunals (including their expertise in a particular area of the law),

(b) may include—

(i) specific provision for each of the Tribunals,

(ii) different provision for different purposes in any other respects.

Training, conditions and conduct

34 Training and review

(1) The Lord President is responsible for making and maintaining appropriate arrangements for the training and guidance—

(a) of the ordinary members, legal members and judicial members of the Scottish Tribunals,

(b) for the purpose of acting as mentioned in section 18(4), of any extra judges who are authorised to act as so mentioned.

(2) The Lord President may make arrangements for the review of the ordinary members and legal members of the Scottish Tribunals.

(3) Arrangements under subsection (1) or (2) may (in particular) require participation in activities for the purpose of training, guidance or review.

(4) For the purpose of subsection (2), “review” includes ad hoc or continuing review of professional competency and development.

35 Conditions of membership etc.

(1) Schedule 7 contains provision for the terms and conditions on which ordinary and legal members of the Scottish Tribunals hold their positions.

(2) The Scottish Ministers may by regulations make provision enabling a relevant appointment or transfer to be made or have effect in such terms as to cause a person to hold permanently the type of membership or (as the case may be) particular position in question.

(3) The Scottish Ministers must consult the President of Tribunals before—

(a) making regulations under subsection (2), or

(b) exercising in relation to a relevant appointment or transfer the discretion allowed by such regulations.

(4) The operation of paragraphs 2 to 8 of schedule 7 is subject to provision made by regulations under subsection (2).

(5) For the purposes of subsection (2)—

(a) a relevant appointment is appointment or reappointment by the Scottish Ministers—

(i) of a person as an ordinary or legal member of the Scottish Tribunals,

(ii) of a legal member of the First-tier Tribunal as a Chamber President or Deputy Chamber President in the Tribunal, or

(iii) of a legal member of the Upper Tribunal as a Vice-President of the Tribunal,

(b) a relevant transfer is transfer-in to the Scottish Tribunals—

(i) of a person as an ordinary or legal member of the Tribunals by virtue of section 29(b), or

(ii) of a person to a particular position within the Tribunals by virtue of section 29(a).

36 Conduct and fitness etc.

Schedule 8 contains provision for and in connection with—

(a) investigation of members’ conduct and imposition of disciplinary measures,

(b) assessment of members’ fitness for position and removal from position.