SCHEDULE 9Transitional and consequential

PART 2Consequential modifications

Judiciary and Courts (Scotland) Act 2008

I112

1

The Judiciary and Courts (Scotland) Act 2008 is amended as follows.

2

In section 10 (judicial offices within the Board's remit)—

a

in subsection (1), the word “and” immediately preceding paragraph (g) is repealed,

b

before paragraph (g) of that subsection there is inserted—

fa

the positions within the Scottish Tribunals mentioned in subsection (2A), and

c

after subsection (2) there is inserted—

2A

The positions within the Scottish Tribunals are—

a

Vice-President of the Upper Tribunal, if to be appointed under section 26(1) of the Tribunals (Scotland) Act 2014,

b

Chamber President in the First-tier Tribunal, if to be appointed under section 22(1) of that Act,

c

Deputy Chamber President in the First-tier Tribunal, if to be appointed under the relevant provisions of schedule 4 to that Act,

d

ordinary member or legal member of the First-tier Tribunal or the Upper Tribunal, if to be appointed under the relevant provisions of schedule 3 or (as the case may be) schedule 5 to that Act.

3

In section 30 (Judicial Complaints Reviewer), in subsection (5), after paragraph (h) there is inserted—

i

an ordinary or legal member of either or both of the Scottish Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland) Act 2014.

4

In paragraph 3 of schedule 1—

a

in sub-paragraph (1), the word “and” immediately preceding paragraph (c) is repealed,

b

after paragraph (c) of sub-paragraph (1) there is inserted

, and

d

one person holding the position of Chamber President or of Vice-President within the Scottish Tribunals.

c

after sub-paragraph (5) there is inserted—

6

For the purposes of sub-paragraph (1)(d)—

  • “Scottish Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014,

  • “Chamber President” means Chamber President in the First-tier Tribunal as referred to in that Act and “Vice-President” means Vice-President of the Upper Tribunal as referred to in that Act.

5

After paragraph 16 of schedule 1 there is inserted—

Proceedings relating to the Scottish Tribunals

16A

1

Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A).

2

At least one member of the Scottish Tribunals is to take part in any proceedings relating to the function (whether or not also a member of the Board).

3

It is for the President of Tribunals to select a member of the Scottish Tribunals to take part as mentioned in sub-paragraph (2).

4

Before making a selection under sub-paragraph (3), the President of Tribunals must consult the Chairing Member.

5

Sub-paragraph (6) applies where a person taking part as mentioned in sub-paragraph (2) is not a member of the Board.

6

The person is to be treated as if a member of the Board for the purposes of—

a

sections 11 to 15 and 17, and

b

paragraphs 5, 12 and 13 of this schedule.

7

The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.

8

In this paragraph, “President of Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014 and the references to a member of the Scottish Tribunals are to be construed in accordance with section 13(3) of that Act.