Tribunals (Scotland) Act 2014

SCHEDULE 6 Positions in Upper Tribunal

(introduced by section 32)

PART 1 Temporary Vice-President

Temporary Vice-President

1 If 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.

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).

(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.

PART 2 Assignment internally

Assignment of and by the President of Tribunals

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).

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

Assignment of Vice-Presidents etc.

4 (1) A Vice-President of a division—

(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.

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

(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.

Assignment of other members

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

(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.

Assignment of judicial members etc.

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

(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.