Tribunals (Scotland) Act 2014

CHAPTER 2 Internal structure

Structure of First-tier Tribunal

20 Chambers in the Tribunal

(1) The First-tier Tribunal is to be organised into a number of chambers, having regard to—

(a) the different subject-matters falling within the Tribunal’s jurisdiction, and

(b) any other factors relevant in relation to the exercise of the Tribunal’s functions.

(2) Accordingly, the Scottish Ministers may by regulations make provision for and in connection with—

(a) the organisation of the Tribunal as required by subsection (1),

(b) the allocation of the Tribunal’s functions between the chambers.

21 Chamber Presidents

(1) Each chamber of the First-tier Tribunal is to have—

(a) a single Chamber President to preside over the chamber, or

(b) two Chamber Presidents to preside over the chamber.

(2) A Chamber President may not preside over more than one chamber of the Tribunal at the same time.

(3) In this Act—

(a) a reference to a Chamber President in the First-tier Tribunal is to a Chamber President of a chamber of the Tribunal,

(b) where a chamber of the Tribunal has two Chamber Presidents, a reference to a Chamber President of such a chamber is to either or both of them (as the context requires).

22 Appointment to post

(1) It is for the Scottish Ministers to make an appointment of a Chamber President to that position.

(2) Before making an appointment under subsection (1), the Scottish Ministers must consult the Lord President (including as to the person to be appointed).

(3) A person is eligible for appointment under subsection (1) only if the person is—

(a) a legal member of the Upper Tribunal, or

(b) if not falling within paragraph (a), eligible to be appointed as such a member of the Tribunal (whether or not already any type of member of the First-tier or Upper Tribunal).

(4) An appointment made under subsection (1) is for the Chamber President to preside over a particular chamber of the Tribunal.

Structure of Upper Tribunal

23 Divisions of the Tribunal

(1) The Upper Tribunal is to be organised into a number of divisions, having regard to—

(a) the different subject-matters falling within the Tribunal’s jurisdiction, and

(b) any other factors relevant in relation to the exercise of the Tribunal’s functions.

(2) Accordingly, the Scottish Ministers may by regulations make provision for and in connection with—

(a) the organisation of the Tribunal as required by subsection (1),

(b) the allocation of the Tribunal’s functions between the divisions.

24 Vice-Presidents

(1) Each division of the Upper Tribunal is to have—

(a) a single Vice-President to preside over the division, or

(b) two Vice-Presidents to preside over the division.

(2) A Vice-President may not preside over more than one division of the Tribunal at the same time.

(3) Subsections (1) and (2) are subject to section 25(1)(b).

(4) In this Act—

(a) a reference to a Vice-President of the Upper Tribunal is to a Vice-President of a division of the Tribunal,

(b) where a division of the Tribunal has two Vice-Presidents, a reference to a Vice-President of such a division is to either or both of them (as the context requires).

25 Assignment to post

(1) The President of Tribunals may assign himself or herself—

(a) as a Vice-President of the Upper Tribunal,

(b) to preside over one or more than one division of the Tribunal.

(2) Apart from the Lord President, any other judicial member of the Upper Tribunal may be assigned by the President of Tribunals—

(a) as a Vice-President of the Tribunal,

(b) to preside over a particular division of the Tribunal.

(3) Assignment under subsection (1)—

(a) remains in effect until such time as the President of Tribunals may determine,

(b) does not affect the exercise by the President of Tribunals of the functions arising in that capacity.

(4) Assignment under subsection (2)—

(a) requires—

(i) the Lord President’s approval (including as to the judicial member to be assigned),

(ii) the assignee’s agreement,

(b) remains in effect until such time as the President of Tribunals may determine (with such approval and agreement),

(c) does not affect the exercise by the assignee of any other functions as respects the Scottish Tribunals.

26 Appointment to post

(1) If requested to do so by the President of Tribunals, the Scottish Ministers may appoint a person as a Vice-President of the Upper Tribunal.

(2) Before making an appointment under subsection (1), the Scottish Ministers must consult the Lord President (including as to the person to be appointed).

(3) A person is eligible for appointment as a Vice-President only if the person is—

(a) a legal member of the Upper Tribunal, or

(b) if not falling within paragraph (a), eligible to be appointed as such a member of the Tribunal (whether or not already any type of member of the First-tier or Upper Tribunal).

(4) An appointment made under subsection (1) is for the Vice-President to preside over a particular division of the Tribunal.