First-tier Tribunal: disqualification of members from exercise of certain functions
193.Section 94 provides that the holders of certain offices are disqualified from exercising functions of the First-tier Tribunal (FTT) in relation to the jurisdiction over private rented sector housing matters transferred from the jurisdiction of the sheriff by Part 3 and disputes involving letting agents conferred by Part 4 of the Act. This has the effect of disqualifying the holders of the offices listed at subsection (2) from being appointed to exercise those functions. It also has the effect of disqualifying any existing members of the FTT who hold the listed offices from exercising those functions.
194.Section 94(3) provides that the Scottish Ministers may amend the list of disqualified offices by order. This power could be used to add or remove offices and would be subject to affirmative procedure in the Scottish Parliament.