Section 94 First-tier Tribunal: disqualification of members from exercise of certain functionsI1

Scotland

(1)

This section applies to the following functions and jurisdictions of the First-tier Tribunal—

(a)

a function or jurisdiction of the sheriff transferred to the Tribunal under section 16 or by virtue of Part 1 of schedule 1,

(b)

a function conferred on the Tribunal, by virtue of Part 3 and Parts 2 to 4 of schedule 1, by—

(i)

the 2004 Act,

(ii)

the 2006 Act,

(c)

a function conferred on the Tribunal by or under Part 4.

F1(de)

a function conferred on, or transferred to, the Tribunal by virtue of the Private Housing (Tenancies) (Scotland) Act 2016.

(2)

A member of the First-tier Tribunal is disqualified from exercising a function or jurisdiction to which this section applies if the member is—

(a)

a member of the House of Commons,

(b)

a member of the Scottish Parliament,

(c)

a member of the European Parliament,

(d)

a Minister of the Crown,

(e)

a member of the Scottish Government.

(3)

The Scottish Ministers may by order modify subsection (2) by—

(a)

adding a disqualification to,

(b)

varying the description of a disqualification for the time being mentioned in,

(c)

removing a disqualification from,

that subsection.

Annotations

F1: S. 94(1)(de) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 11; S.S.I. 2017/346, reg. 2, sch.