(1)The First-tier Tribunal's function of deciding any matter in a case before the tribunal is to be exercised by—
(a)two or more members of the tribunal, one of whom must be a legal member, or
(b)a legal member sitting alone.
(2)The member or members are to be chosen by the President of the Tax Tribunals (who may choose himself or herself).
(3)The President’s discretion in choosing the member or members is subject to—
(a)any relevant provisions in regulations made under section 31(1),
(b)any relevant directions given by virtue of section 35(5)(b).
(1)The Upper Tribunal's function of deciding any matter in a case before the tribunal is to be exercised by one or more members chosen by the President of the Tax Tribunals (who may choose himself or herself).
(2)The President’s discretion in choosing the member or members is subject to—
(a)any relevant provisions in regulations made under section 31(1),
(b)any relevant directions given by virtue of section 37(5)(b).
(1)The Scottish Ministers may by regulations make provision for determining the composition of—
(a)the First-tier Tribunal,
(b)the Upper Tribunal,
when convened to decide any matter in a case before the tribunal.
(2)Regulations under subsection (1) may treat separately the tribunal’s decision-making functions—
(a)at first instance,
(b)on appeal.