38Composition of the TribunalS
(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.
[F1(4A)Regulations under subsection (1) may include provision about the involvement in decision-making of an extra judge who is authorised to act as mentioned in section 18(4).]
(5)In subsection (4), “relevant criteria” includes criteria as to qualifications, experience and training.
Textual Amendments
F1S. 38(4A) inserted (13.5.2022) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 16(5), 18(2)(3); S.S.I. 2022/146, reg. 2
Commencement Information
I1S. 38 in force at 1.4.2015 by S.S.I. 2015/116, art. 2