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(1)The Appeal Tribunal shall consist of—
(b)at least one judge of the Court of Session nominated from time to time by the Lord President of the Court of Session, and
(c)such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State (“appointed members").
(2)The appointed members shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations either—
(a)as representatives of employers, or
(b)as representatives of workers (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992).
(3)The [F3Lord Chief Justice shall] appoint one of the judges nominated under subsection (1) to be the President of the Appeal Tribunal.
[F4(3A)The Lord Chief Justice must not make an appointment under subsection (3) unless—
(a)he has consulted the Lord Chancellor, and
(b)the Lord President of the Court of Session agrees.]
(4)No judge shall be nominated a member of the Appeal Tribunal except with his consent.
[F5(5)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 this section.
(6)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 subsection (3A)(b).]
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