PART 4

More about membership etc.

Appointment and assignment

Scheduled provisions
32
1
Schedule 3 contains provision for the First-tier Tribunal about eligibility for and appointment to—
a
ordinary membership,
b
legal membership.
2
Schedule 4 contains provision for the First-tier Tribunal relating to—
a
appointment or assignment to—
i
a Deputy position,
ii
a Temporary position,
b
assignment of ordinary, legal and judicial members.
3
Schedule 5 contains provision for the Upper Tribunal about eligibility for and appointment to—
a
ordinary membership,
b
legal membership.
4
Schedule 6 contains provision for the Upper Tribunal relating to—
a
assignment to a Temporary position,
b
assignment of ordinary, legal and judicial members.

Assignment policy
33
1
The Lord President must publish a document recording the policy adopted in relation to the assignment of the ordinary, legal and judicial members within each of the First-tier Tribunal and the Upper Tribunal.
2
The Lord President must—
a
keep the assignment policy under review,
b
re-publish it if it is amended materially.
3
The assignment policy—
a
must be in terms designed to secure that appropriate use is made of the knowledge and experience of the members of the Scottish Tribunals (including their expertise in a particular area of the law),
b
may include—
i
specific provision for each of the Tribunals,
ii
different provision for different purposes in any other respects.

Training, conditions and conduct

Training and review
34
1
The Lord President is responsible for making and maintaining appropriate arrangements for the training and guidance—
a
of the ordinary members, legal members and judicial members of the Scottish Tribunals,
b
for the purpose of acting as mentioned in section 18(4), of any extra judges who are authorised to act as so mentioned.
2
The Lord President may make arrangements for the review of the ordinary members and legal members of the Scottish Tribunals.
3
Arrangements under subsection (1) or (2) may (in particular) require participation in activities for the purpose of training, guidance or review.
4
For the purpose of subsection (2), “review” includes ad hoc or continuing review of professional competency and development.

Conditions of membership etc.
35
1
Schedule 7 contains provision for the terms and conditions on which ordinary and legal members of the Scottish Tribunals hold their positions.
2
The Scottish Ministers may by regulations make provision enabling a relevant appointment or transfer to be made or have effect in such terms as to cause a person to hold permanently the type of membership or (as the case may be) particular position in question.
3
The Scottish Ministers must consult the President of Tribunals before—
a
making regulations under subsection (2), or
b
exercising in relation to a relevant appointment or transfer the discretion allowed by such regulations.
4
The operation of paragraphs 2 to 8 of schedule 7 is subject to provision made by regulations under subsection (2).
5
For the purposes of subsection (2)—
a
a relevant appointment is appointment or reappointment by the Scottish Ministers—
i
of a person as an ordinary or legal member of the Scottish Tribunals,
ii
of a legal member of the First-tier Tribunal as a Chamber President or Deputy Chamber President in the Tribunal, or
iii
of a legal member of the Upper Tribunal as a Vice-President of the Tribunal,
b
a relevant transfer is transfer-in to the Scottish Tribunals—
i
of a person as an ordinary or legal member of the Tribunals by virtue of section 29(b), or
ii
of a person to a particular position within the Tribunals by virtue of section 29(a).

Conduct and fitness etc.
36
Schedule 8 contains provision for and in connection with—
a
investigation of members’ conduct and imposition of disciplinary measures,
b
assessment of members’ fitness for position and removal from position.