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Tribunals (Scotland) Act 2014

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SCHEDULE 4SPositions in First-tier Tribunal

(introduced by section 32)

This schedule has no associated Explanatory Notes

PART 1 SDeputy or Temporary President

Deputy PresidentS

1If requested to do so by the President of Tribunals, the Scottish Ministers may appoint a person as a Deputy Chamber President of a particular chamber in the First-tier Tribunal.

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Commencement Information

I1Sch. 4 para. 1 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

2(1)A person is eligible for appointment as a Deputy Chamber President only if the person is—S

(a)a legal member of the First-tier Tribunal (other than a Chamber President), or

(b)if not falling within paragraph (a), eligible to be appointed as such a member (whether or not already any type of member of the First-tier or Upper Tribunal).

(2)Before requesting that a person be appointed as a Deputy Chamber President, the President of Tribunals must consult the Chamber President of the chamber concerned.

(3)If the Scottish Ministers decide not to make an appointment as a Deputy Chamber President, they must give the President of Tribunals written reasons.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 4 para. 2 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

3(1)The functions of a Chamber President are exercisable by a Deputy Chamber President to such extent and in such manner as the Chamber President may direct.S

(2)Except where the context otherwise requires, a reference in or under this Act to a Chamber President excludes a Deputy Chamber President.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 4 para. 3 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Temporary PresidentS

4If there is a temporary vacancy in the presidency of a particular chamber, the President of Tribunals may assign a person as a Temporary Chamber President during the vacancy.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 4 para. 4 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

5(1)A person is eligible to be assigned as a Temporary Chamber President only if the person is a legal or judicial member of the First-tier Tribunal (other than a Chamber President).S

(2)The functions of a Chamber President are exercisable by a Temporary Chamber President.

(3)Except where the context otherwise requires, a reference in or under this Act to a Chamber President includes a Temporary Chamber President.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 4 para. 5 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

PART 2 SAssignment internally

Assignment by the President of TribunalsS

6(1)The President of Tribunals has the function of assigning the members of the First-tier Tribunal among the chambers (including re-assignment or ending assignment).S

(2)The President of Tribunals is to assign those members among the chambers in accordance with paragraphs 7 to 9.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 4 para. 6 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Assignment of Chamber PresidentsS

7(1)A Chamber President of a chamber—S

(a)is to be assigned to that chamber,

(b)may be assigned to act as a legal member also in another chamber.

(2)A Deputy Chamber President of a chamber—

(a)is to be assigned to that chamber,

(b)may be assigned to act as a legal member also in another chamber,

(c)is to act as such under the direction of the Chamber President of any chamber to which assigned.

(3)Assignment under sub-paragraph (1)(b) or (2)(b) is to act otherwise than as a Chamber President or Deputy Chamber President in the other chamber.

(4)Assignment under sub-paragraph (1)(b) or (2)(b) requires—

(a)the concurrence of the Chamber President of the other chamber, and

(b)the agreement of the member concerned.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 4 para. 7 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Assignment of other membersS

8(1)This paragraph applies in relation to an ordinary member or legal member by virtue of—S

(a)appointment as such, or

(b)transfer-in as such.

(2)Each member to whom this paragraph applies—

(a)is to be assigned to at least one of the chambers,

(b)may be assigned to different chambers at different times.

(3)Any such member may be assigned to a particular chamber only with—

(a)the concurrence of its Chamber President, and

(b)the agreement of the member concerned.

(4)The assignment of any such member to a particular chamber may be ended only with the concurrence of its Chamber President.

(5)This paragraph does not apply to a legal member to whom paragraph 7(1) or (2) relates.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 4 para. 8 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Assignment of judicial membersS

9(1)A judicial member is to be assigned to at least one of the chambers.S

(2)A judicial member—

(a)may be assigned to different chambers at different times,

(b)may be assigned to a particular chamber only with—

(i)the concurrence of its Chamber President, and

(ii)the agreement of the assignee concerned.

(3)The assignment of such a member to a particular chamber may be ended only with the concurrence of its Chamber President.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 4 para. 9 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

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