PART 2Tribunal membership
I116Consequential modifications
1
The Tribunals (Scotland) Act 2014 is modified as follows.
2
In section 14—
a
in subsection (2)(b), for “the Upper Tribunal” substitute “
the First-tier Tribunal or the Upper Tribunal (as the case may be)
”
,
b
in subsection (3)(b), after the second “of” insert “
the First-tier Tribunal or
”
.
3
In section 19—
a
in subsection (3), after “member” insert “
of the First-tier Tribunal or
”
,
b
for subsection (4), substitute—
4
In this Act—
a
a reference to an extra judge in relation to the First-tier Tribunal is to a person falling within section 18(1A) (as read with section 18(4)),
b
a reference to an extra judge in relation to the Upper Tribunal is to a person falling within section 18(2) (as read with section 18(4)).
4
In section 37(4), for the definition of “member” substitute—
“member”, in relation to a Tribunal chamber—
a
means an ordinary, legal or judicial member of the Tribunal who is assigned to the chamber,
b
while assigned to the chamber, also includes an extra judge who is authorised to act as mentioned in section 18(4).
5
After section 38(4), insert—
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).
6
For section 41(2), substitute—
2
For the purposes of subsection (1), an extra judge in relation to the First-tier Tribunal or the Upper Tribunal is to be treated as if a member of the Tribunal concerned (with section 42(1) so applying accordingly).
7
In paragraph 9 of schedule 4—
a
after sub-paragraph (1), insert—
1A
An extra judge who is authorised to act as mentioned in section 18(4) is to be assigned to at least one of the chambers.
b
in sub-paragraph (2), after “member” insert “
or such an extra judge
”
,
c
in sub-paragraph (3), for “such a member” substitute “
a judicial member
”
.
8
In schedule 10, after the entry for “judicial member (Upper)” insert—
extra judge (First-tier)
Section 19(4)