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Tribunals (Scotland) Act 2014

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Tribunals (Scotland) Act 2014, SCHEDULE 6 is up to date with all changes known to be in force on or before 22 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULE 6SPositions in Upper Tribunal

(introduced by section 32)

This schedule has no associated Explanatory Notes

PART 1 STemporary Vice-President

Temporary Vice-PresidentS

1SIf there is a temporary shortage in the number of Vice-Presidents of the Upper Tribunal or a temporary vacancy in the position, the President of Tribunals may assign a person as a Temporary Vice-President of a particular division during the shortage or vacancy.

Commencement Information

I1Sch. 6 para. 1 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

2(1)A person is eligible for assignment as a Temporary Vice-President only if the person is a legal member of the Upper Tribunal (other than a Vice-President).S

(2)The functions of a Vice-President are exercisable by a Temporary Vice-President.

(3)Except where the context otherwise requires, a reference in or under this Act to a Vice-President includes a Temporary Vice-President.

Commencement Information

I2Sch. 6 para. 2 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

PART 2 SAssignment internally

Assignment of and by the President of TribunalsS

3(1)The President of Tribunals has the function of assigning the members of the Upper Tribunal among the divisions (including re-assignment or ending assignment).S

(2)The President of Tribunals is to assign those members among the divisions in accordance with paragraphs 4 to 7.

Commencement Information

I3Sch. 6 para. 3 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Assignment of Vice-Presidents etc.S

4(1)A Vice-President of a division—S

(a)is to be assigned to that division,

(b)may be assigned to act—

(i)in the case of a judicial member assigned as a Vice-President, as a judicial member also in another division,

(ii)in any other case, as a legal member also in another division.

(2)Assignment under sub-paragraph (1)(b) is to act otherwise than as a Vice-President of the other division.

(3)Assignment under sub-paragraph (1)(b) requires—

(a)the concurrence of the Vice-President of the other division, and

(b)the agreement of the member concerned.

Commencement Information

I4Sch. 6 para. 4 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

5(1)This paragraph applies in relation to a legal member by reason of being a Chamber President in the First-tier Tribunal.S

(2)Each member to whom this paragraph applies may be assigned to—

(a)one or more of the divisions, and

(b)different divisions at different times.

(3)Any such member may be assigned to a particular division only with—

(a)the concurrence of its Vice-President, and

(b)the agreement of the member concerned.

(4)The assignment of any such member to a particular division may be ended only with the concurrence of its Vice-President.

Commencement Information

I5Sch. 6 para. 5 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Assignment of other membersS

6(1)This paragraph applies in relation to an ordinary member or legal member by virtue of—S

(a)appointment as such, or

(b)transfer-in as such.

(2)Each member to whom this paragraph applies—

(a)is to be assigned to at least one of the divisions,

(b)may be assigned to different divisions at different times.

(3)Any such member may be assigned to a particular division only with—

(a)the concurrence of its Vice-President, and

(b)the agreement of the member concerned.

(4)The assignment of any such member to a particular division may be ended only with the concurrence of its Vice-President.

(5)This paragraph does not apply to a legal member to whom paragraph 4 or 5 relates.

Commencement Information

I6Sch. 6 para. 6 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

Assignment of judicial members etc.S

7(1)A judicial member is to be assigned to at least one of the divisions.S

(2)An extra judge who is authorised to act as mentioned in section 18(4) is to be assigned to at least one of the divisions.

(3)A judicial member or such an extra judge—

(a)may be assigned to different divisions at different times,

(b)may be assigned to a particular division only with—

(i)the concurrence of its Vice-President, and

(ii)the agreement of the assignee concerned.

(4)The assignment of a judicial member to a particular division may be ended only with the concurrence of its Vice-President.

(5)Concurrence under sub-paragraph (3)(b)(i) or (4) is not required in relation to the assignment of the Lord President or the President of Tribunals.

(6)This paragraph does not apply to a judicial member to whom paragraph 4 relates.

Commencement Information

I7Sch. 6 para. 7 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

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