Tribunals (Scotland) Act 2014

Judiciary and Courts (Scotland) Act 2008

12 (1) The Judiciary and Courts (Scotland) Act 2008 is amended as follows.

(2) In section 10 (judicial offices within the Board’s remit)—

(a) in subsection (1), the word “and” immediately preceding paragraph (g) is repealed,

(b) before paragraph (g) of that subsection there is inserted—

“(fa) the positions within the Scottish Tribunals mentioned in subsection (2A), and”,

(c) after subsection (2) there is inserted—

“(2A) The positions within the Scottish Tribunals are—

(a) Vice-President of the Upper Tribunal, if to be appointed under section 26(1) of the Tribunals (Scotland) Act 2014,

(b) Chamber President in the First-tier Tribunal, if to be appointed under section 22(1) of that Act,

(c) Deputy Chamber President in the First-tier Tribunal, if to be appointed under the relevant provisions of schedule 4 to that Act,

(d) ordinary member or legal member of the First-tier Tribunal or the Upper Tribunal, if to be appointed under the relevant provisions of schedule 3 or (as the case may be) schedule 5 to that Act.”.

(3) In section 30 (Judicial Complaints Reviewer), in subsection (5), after paragraph (h) there is inserted—

“(i) an ordinary or legal member of either or both of the Scottish Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland) Act 2014.”.

(4) In paragraph 3 of schedule 1—

(a) in sub-paragraph (1), the word “and” immediately preceding paragraph (c) is repealed,

(b) after paragraph (c) of sub-paragraph (1) there is inserted “, and

(d) one person holding the position of Chamber President or of Vice-President within the Scottish Tribunals.”,

(c) after sub-paragraph (5) there is inserted—

“(6) For the purposes of sub-paragraph (1)(d)—

• “Scottish Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014,

• “Chamber President” means Chamber President in the First-tier Tribunal as referred to in that Act and “Vice-President” means Vice-President of the Upper Tribunal as referred to in that Act.”.

(5) After paragraph 16 of schedule 1 there is inserted—

“Proceedings relating to the Scottish Tribunals

16A (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).

(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.

(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.”.