# The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 S.I. 2008/2835 · made 29 October 2008 · revised to 18 May 2018 This Order makes provision, in relation to matters that fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter (articles 2 and 3). Provision is also made for determining whether the member or members of the tribunal are to be judges of the tribunal or other members of the tribunal (articles 4 and 6). Where a matter is to be decided by two or more members of a tribunal, the Senior President will select one member to chair the tribunal (article 7). If a decision of such a tribunal is not unanimous it will be decided by a majority and, if necessary, the chair will have a casting vote (article 8). Made under: Tribunals, Courts and Enforcement Act 2007 (Section 145, Schedule 4 paragraph 15) PDFs: Printed copy https://openlegislation.uk/first-tier-tribunal-and-upper-tribunal-composition-of-tribunal-order-2008/pdf/uksi_20082835_en.pdf; Explanatory Memorandum https://openlegislation.uk/first-tier-tribunal-and-upper-tribunal-composition-of-tribunal-order-2008/pdf/uksiem_20082835_en.pdf ## Introductory text Tribunals And Inquiries Made 29th October 2008 Coming into force 3rd November 2008 The Lord Chancellor makes the following Order in exercise of the powers conferred by section 145(1) of, and paragraph 15 of Schedule 4 to, the Tribunals, Courts and Enforcement Act 2007. In accordance with paragraph 15(8) of that Act the Lord Chancellor has consulted the Senior President of Tribunals. In accordance with section 49(5) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament. ## 1 Citation and commencement This Order may be cited as the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 and comes into force on 3rd November 2008. ## 1A Interpretation In this Order— “practice direction” means a direction made under section 23 of the Tribunals, Courts and Enforcement Act 2007 as to the practice and procedure of the First-tier Tribunal or the Upper Tribunal that contains criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter. ## 2 Number of members of the First-tier Tribunal (1) The number of members of the tribunal who are to decide any matter that falls to be decided by the First-tier Tribunal must be determined by the Senior President of Tribunals in a practice direction in accordance with paragraphs (2) and (3) below. (2) The Senior President of Tribunals must determine whether the tribunal consists of one, two or three members. (3) The Senior President of Tribunals must have regard to— (a) the nature of the matter that falls to be decided and the means by which it is to be decided; and (b) the need for members of tribunals to have particular expertise, skills or knowledge. ## 3 Number of members of the Upper Tribunal (1) The number of members of the tribunal who are to decide any matter that falls to be decided by the Upper Tribunal is one unless determined otherwise under paragraph (2). (2) The tribunal may consist of two or three members if the Senior President of Tribunals so determines in a practice direction. ## 4 Tribunal consisting of single member (1) Where a matter is to be decided by a single member of a tribunal, it must be decided by a judge of the tribunal unless paragraph (2) applies. (2) The matter may be decided by one of the other members of the tribunal if the Senior President of Tribunals so determines. ## 5 Tribunal consisting of two or more members The following articles apply where a matter is to be decided by two or more members of a tribunal. ## 6 Tribunal consisting of two or more members The number of members who are to be judges of the tribunal and the number of members who are to be other members of the tribunal must be determined by the Senior President of Tribunals. ## 7 Tribunal consisting of two or more members The Senior President of Tribunals must select one of the members (the “presiding member”) to chair the tribunal. ## 8 Tribunal consisting of two or more members If the decision of the tribunal is not unanimous, the decision of the majority is the decision of the tribunal; and the presiding member has a casting vote if the votes are equally divided. ## Signature By authority of the Lord Chancellor Bridget Prentice Parliamentary Under-Secretary of State Ministry of Justice 29th October 2008 ## Explanatory note (This note is not part of the Order) This Order makes provision, in relation to matters that fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter (articles 2 and 3). Provision is also made for determining whether the member or members of the tribunal are to be judges of the tribunal or other members of the tribunal (articles 4 and 6). Where a matter is to be decided by two or more members of a tribunal, the Senior President will select one member to chair the tribunal (article 7). If a decision of such a tribunal is not unanimous it will be decided by a majority and, if necessary, the chair will have a casting vote (article 8). A Regulatory Impact Assessment was prepared for the Tribunals, Courts and Enforcement Act 2007. This can be found at: http://www.justice.gov.uk/publications/tribunalscourtsandenforcementact.htm --- Source: https://www.legislation.gov.uk/uksi/2008/2835 (the official version) Page: https://openlegislation.uk/first-tier-tribunal-and-upper-tribunal-composition-of-tribunal-order-2008 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.