
1 

(1) These Regulations may be cited as the First-tier Tribunal for Scotland Housing and Property Chamber and Upper Tribunal for Scotland (Composition) Regulations 2016.
(2) These Regulations come into force on 1st December 2016.
(3) In these Regulations—
(a) “The Chamber President” means the Chamber President of the First-tier Tribunal; and
(b) “The First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber.
2 

(1) Subject to paragraph (2) the First-tier Tribunal, when convened to decide any matter in a case, shall consist of—
(a) a legal member;
(b) a legal member and one ordinary member; or
(c) a legal member with two ordinary members.
(2) An application by a landlord for assistance in exercising a right under section 181(4) of the Housing (Scotland) Act 2006 may be decided by the First-tier Tribunal consisting of an ordinary member.
3 

(1) The Upper Tribunal, when deciding an appeal or a referral in a case decided by or referred from the First-tier Tribunal to the Upper Tribunal shall consist of—
(a) a sheriff (except a part-time or summary sheriff);
(b) the Chamber President (except a Temporary Chamber President), acting either alone or with a judicial member of the Upper Tribunal;
(c) the President of Tribunals, acting either alone or with the Chamber President or another judicial member of the Upper Tribunal; or
(d) the Lord President, acting either alone or with the Chamber President or another judicial member of the Upper Tribunal.
(2) A Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal or referral of the case to the Upper Tribunal.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th October 2016