Voting where two or more members
41Voting for decisions
(1)The Scottish Ministers may by regulations make provision for the purposes of sections 37(1) and 39(1) in so far as a matter in a case before the First-tier Tribunal or the Upper Tribunal is to be decided by two or more members of the Tribunal, including—
(a)for a decision to be made unanimously or by majority,
(b)where a decision is to be made by majority, for the chairing member to have a casting vote in the event of a tie.
(2)Subsection (1) applies in relation to the Upper Tribunal as if an extra judge who is authorised to act as mentioned in section 18(4) were a member of the Tribunal (with section 42(1) so applying accordingly).
42Chairing members
(1)Tribunal Rules may make provision for determining the question as to who is to be the chairing member where a matter in a case before the First-tier Tribunal or the Upper Tribunal is to be decided by two or more members of the Tribunal.
(2)Rules making provision as described in subsection (1) may (in particular)—
(a)allow the President of Tribunals to determine the question,
(b)specify criteria as against which the question is to be determined (including by reference to type of member or particular expertise).