Chapter 2 — Establishment and Leadership
Establishment
Section 21 – The First-tier Tax Tribunal for Scotland and the Upper Tax Tribunal for Scotland
34.This section provides for the establishment of the First-tier Tax Tribunal for Scotland and the Upper Tax Tribunal for Scotland, referred to as the First-tier Tribunal and the Upper Tribunal and collectively as the Tax Tribunals in this Act.
Leadership
Section 22 – President of the Tax Tribunals
35.This section provides for the leadership of the Tax Tribunals. The Tax Tribunals will be led by the President of the Tax Tribunals who will be appointed by the Scottish Ministers after consultation with the Lord President of the Court of Session (who in terms of section 2 of the Tribunals (Scotland) Act 2014 will be Head of the unified Scottish Tribunals). The section provides that the President of the Tax Tribunals is to be appointed on such terms and conditions as are determined by the Scottish Ministers.
36.Schedule 2 makes additional provision relating to the President of the Tax Tribunals.
Section 23 – Functions of the President of the Tax Tribunals
37.This section provides that the President of the Tax Tribunals is the senior member of the Tax Tribunals and has the functions laid out in this Act.
Section 24 – Business arrangements
38.This section sets out the President’s functions in relation to the business of the Tax Tribunals and responsibility for the welfare of the members of the Tax Tribunals.
Section 25 – Temporary President
39.This section provides for the Scottish Ministers to appoint a temporary president (after consulting with the Lord President). The temporary president will be appointed from the legal members of the Tax Tribunals or from persons eligible to be legal members. All functions of the President can be carried out by a Temporary President. As such, all references to the President in this Act apply to a Temporary President.
