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)