The First-tier Tribunal for Scotland Health and Education Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland Health and Education Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 and come into force on 12th January 2018.

(2) In these Regulations—

“Chamber President” means the Chamber President of the First-tier Tribunal; and

“First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber.

Composition of First-tier Tribunal

2.—(1) Subject to paragraphs (2) to (4), the First-tier Tribunal, when convened at a hearing to decide any matter in a case, may consist of—

(a) the Chamber President and two ordinary members; or

(b) a legal member and two ordinary members.

(2) The First-tier Tribunal, when convened at a hearing to decide any matter in a case under section 18(3)(ea) or (eb) of the Education (Additional Support for Learning) (Scotland) Act 2004(1), may consist of only the Chamber President or a legal member.

(3) The First-tier Tribunal, when convened without a hearing (see rules 37 and 84 of S.S.I. 2017/366) to decide any matter in a case may consist of a legal member only.

(4) If, at or after the beginning of a hearing, a member of the First-tier Tribunal other than the legal member is absent, the hearing may, with the consent of the parties, be conducted by the legal member and the remaining member and in that event the First-tier Tribunal shall be deemed to be properly constituted, and the decision of the First-tier Tribunal shall be taken by the legal member and that member.

Composition of Upper Tribunal hearing appeals or referrals from First-tier Tribunal

3.—(1) The Upper Tribunal, when deciding an appeal to the Upper Tribunal in a case decided by the First-tier Tribunal, shall consist of—

(a) a judge of the Court of Session, acting either alone or with a judicial member of the Upper Tribunal;

(b) the Chamber President (except a temporary Chamber President), acting either alone or with another judicial member of the Upper Tribunal;

(c) the President of Tribunals, acting either alone or with another judicial member of the Upper Tribunal; or

(d) the Lord President, acting either alone or with a judicial member of the Upper Tribunal.

(2) The Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal of the case to the Upper Tribunal.

(3) In this regulation “judicial member of the Upper Tribunal” means a judge of the Court of Session.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th January 2018