PART 2Organisational arrangements
CHAPTER 1Membership types
Judiciary eligible to sit
I118Authorisation of others
F31
If requested to do so by the President of Tribunals, the Scottish Ministers may issue a temporary authorisation—
a
for a person falling within subsection (1A) to assist in the disposal of the business of the First-tier Tribunal,
b
for a person falling within subsection (2) to assist in the disposal of the business of the Upper Tribunal.
F11A
A person falls within this subsection if the person is—
a
a judge of a relevant UK court or tribunal,
b
a former judge of a relevant UK court or tribunal,
c
a judge of an overseas court or tribunal, or
d
a judge of an international court or tribunal.
2
A person falls within this subsection if the person is—
a
a former—
i
judge of the Court of Session (including temporary judge),
ii
Chairman of the Scottish Land Court, or
iii
sheriff (except part-time sheriff), F4...
F5b
a judge of a relevant UK court or tribunal,
c
a former judge of a relevant UK court or tribunal,
d
a judge of an overseas court or tribunal, or
e
a judge of an international court or tribunal.
3
Any request for the purpose of subsection (1) may not be made without—
a
the Lord President's approval, and
b
the agreement of the person concerned.
4
An authorisation under subsection (1) is for the person concerned to act as if a judicial member of F6the Tribunal concerned during the period for which it is issued.
5
The period mentioned in subsection (4)—
a
requires the same approval and agreement as is referred to in subsection (3), and
b
may be extended by the Scottish Ministers (with such approval and agreement).
6
The Scottish Ministers may make payments of sums with respect to any time spent by a person while acting as mentioned in subsection (4) by virtue of authorisation under subsection (1).
7
An authorisation under subsection (1) may not be issued if the person concerned—
a
is aged 75 years or over, or
b
has been removed from judicial office because of unfitness by reason of inability, neglect of duty or misbehaviour (or is for the time being suspended from such office in connection with an investigation into the question of such unfitness).
F28
In the case of a person mentioned in subsection (1A)(a), (c) or (d) or (2)(b), (d) or (e), subsections (1) and (5) are subject to such further arrangements as the Scottish Ministers may make with a governmental or other body responsible for the administration of the court or tribunal concerned, or its judiciary, for the purposes of those subsections.
8A
In the case of a person mentioned in subsection (1A) or (2)(b), (c), (d) or (e), if the person has not previously taken the required oaths, the person must take them in the presence of the President of Tribunals before acting as mentioned in subsection (4).
9
In addition—
a
the previous taking by a person of the required oaths counts (so far as necessary) as if it were the taking of them in connection with acting as mentioned in subsection (4),
b
section 3 applies in relation to a person who is authorised to act as mentioned in subsection (4)—
i
as it does in relation to the members of the Scottish Tribunals, and
ii
during the period for which the relevant authorisation is issued.
F710
In this section—
“an international court or tribunal” means a court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—
- a
an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or
- b
a resolution of the Security Council or General Assembly of the United Nations,
- a
“an overseas court or tribunal” means a court or tribunal established under the law of a country or territory outwith the United Kingdom,
“a relevant UK court or tribunal” means a court or tribunal established under the law of one or more parts of the United Kingdom, excluding a court or tribunal established under the law of Scotland only,
“the required oaths” means the oaths of allegiance and the judicial oath as set out in the Promissory Oaths Act 1868.