Tribunals (Scotland) Act 2014

40 Composition of the Tribunal

(1) The Scottish Ministers may by regulations make provision for determining the composition of the Upper Tribunal when convened to decide any matter in a case before the Tribunal.

(2) Regulations under subsection (1) may treat separately the Tribunal’s decision-making functions—

(a) at first instance,

(b) on review or appeal.

(3) Where regulations under subsection (1) provide for a matter to be decided by a single member of the Tribunal, the regulations must include provision for determining whether the single member is to be an ordinary, legal or judicial member of the Tribunal.

(4) Where regulations under subsection (1) provide for a matter to be decided by two or more members of the Tribunal, the regulations must include provision for determining how many (if any) of those members are to be—

(a) an ordinary member,

(b) a legal member,

(c) a judicial member.

(5) Regulations under subsection (1) may include provision about the involvement in decision-making of—

(a) a judicial member of a particular description,

(b) an extra judge who is authorised to act as mentioned in section 18(4).

(6) Regulations under subsection (1) may include provision for determining what relevant criteria are to be met by an ordinary member of the Tribunal for the member’s involvement in decision-making in particular types of case.

(7) In subsection (6), “relevant criteria” includes criteria as to qualifications, experience and training.