The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Cases and Upper Tribunal for Scotland (Composition) Regulations 2020

Composition of Upper Tribunal

4.—(1) The Upper Tribunal, when convened to decide an appeal, review or referral in a parking case or a bus lane case, must consist of—

(a) a member of the Upper Tribunal acting alone,

(b) the Chamber President (except a temporary Chamber President), acting alone or with a member of the Upper Tribunal,

(c) the President of the Scottish Tribunals, acting alone or with the Chamber President or with a member of the Upper Tribunal, or

(d) the Lord President, acting alone or with the Chamber President or with a member of the Upper Tribunal.

(2) The Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal, review or referral of the case to the Upper Tribunal.

(3) For the purposes of this regulation, a member of the Upper Tribunal may be a legal member or a judicial member but may not be an ordinary member.

(4) The authority to determine the composition of the Upper Tribunal in respect of the alternative compositions referred to in paragraph (1) is delegated to the President of the Scottish Tribunals, including determining whether a member is to be a legal member or a judicial member.

(5) In this regulation, “judicial member” means a judge of the Court of Session or a sheriff(1).

(1)

A part-time sheriff is excluded from the definition of sheriff eligible to act as a member of the Upper Tribunal by virtue of section 17(2)(c) of the Tribunals (Scotland) Act 2014 (asp 10).