10(1)The president or, in his absence, such one of the other judicial members as the president or (if the president is unable for any reason to exercise the power conferred on him by this sub-paragraph) the [F1Lord Chief Justice] may direct, shall preside at any sitting of the tribunal.E+W+S
[F2(1A)Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—
(a)consult the Lord Chancellor, and
(b)obtain the agreement of the Lord President of the Court of Session.]
(2)The president or other judicial member presiding at a sitting of the tribunal in pursuance of sub-paragraph (1) above is referred to below in this paragraph as the presiding member.
(3)If at any sitting of the tribunal the members sitting are evenly divided as to any decision, the presiding member shall have a second or casting vote; but otherwise decisions of the tribunal shall be by a majority of the members sitting.
[F3(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).
(5)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1A)(b).]
Textual Amendments
F1Words in Sch. 4 para. 10(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 179(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F2Sch. 4 para. 10(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 179(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F3Sch. 4 para. 10(4)(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 179(3)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
Modifications etc. (not altering text)
C1Functions transferred to the Lord Chancellor by S.I. 1989/495, art. 2(1)(2)