PART 5Decision-making and composition

Decisions in First-tier Tribunal

I138Composition of the Tribunal

1

The Scottish Ministers may by regulations make provision for determining the composition of the First-tier Tribunal when convened to decide any matter in a case before the Tribunal.

2

Where regulations under subsection (1) provide for a matter to be decided by a single member of the Tribunal, the regulations must include provision for determining whether the single member is to be an ordinary, legal or judicial member of the Tribunal.

3

Where regulations under subsection (1) provide for a matter to be decided by two or more members of the Tribunal, the regulations must include provision for determining how many (if any) of those members are to be—

a

an ordinary member,

b

a legal member,

c

a judicial member.

4

Regulations under subsection (1) may include provision for determining what relevant criteria are to be met by an ordinary member of the Tribunal for the member's involvement in decision-making in particular types of case.

5

In subsection (4), “relevant criteria” includes criteria as to qualifications, experience and training.