{
  "url": "https://openlegislation.uk/tribunals-scotland-act-2014/section-17",
  "json_url": "https://openlegislation.uk/tribunals-scotland-act-2014/section-17.json",
  "legislation": "asp/2014/10",
  "legislation_title": "Tribunals (Scotland) Act 2014",
  "legislation_url": "https://openlegislation.uk/tribunals-scotland-act-2014",
  "path": "section/17",
  "kind": "section",
  "number": "17",
  "heading": "Sheriffs and judgesSheriffs, judges and other holders of judicial office",
  "text": "(1) By reason of holding judicial office, a person is eligible to act as a member of the First-tier Tribunal if the person is a sheriff (including a part-time sheriff).\n(2) By reason of holding judicial office, a person is eligible to act as a member of the Upper Tribunal if the person is—\n(a) apart from the Lord President and the President of Tribunals, a judge of the Court of Session (including a temporary judge),\n(b) the Chairman Chair of the Scottish Land Court, or\n(c) a sheriff (except a part-time sheriff).\n(d) a suitably qualified member of the Scottish Land Court (as determined under paragraph 13 of schedule 1 of the Crofting and Scottish Land Court Act 2026), or\n(e) a suitably qualified member of the Lands Tribunal for Scotland (as determined under section 2(2B) of the Lands Tribunal Act 1949).\n(3) A sheriff may act as a member of—\n(a) the First-tier Tribunal, or\n(b) the Upper Tribunal,\nonly if authorised to do so by the President of Tribunals.\n(4) A judge of the Court of Session or the Chairman , the Chair or other member of the Scottish Land Court or a member of the Lands Tribunal for Scotland may act as a member of the Upper Tribunal only if authorised to do so by the President of Tribunals (but see next instead for the Lord President and the President of Tribunals).\n(5) By reason of holding office within the Scottish Tribunals, each of the Lord President and the President of Tribunals is a member of the Upper Tribunal and needs no further authorisation to act as such.\n(6) An authorisation for the purpose of subsection (3)(a) or (b) or (4)—\n(a) requires—\n(i) the Lord President's approval (including as to the person to be authorised), and\n(ii) the agreement of the person concerned,\n(b) in the case of a sheriff (apart from a sheriff principal), also requires the concurrence of the relevant sheriff principal.\n(c) in the case of a member of the Scottish Land Court (apart from the Chair of that Court), also requires the concurrence of the Chair of that Court,\n(d) in the case of a member of the Lands Tribunal for Scotland, also requires the concurrence of the President of that Tribunal.\n(7) An authorisation for the purpose of subsection (3)(a) or (b) or (4) remains in effect until such time as the President of Tribunals may determine (with the same approval, agreement and concurrence as is referred to in subsection (6)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in s. 17(2)(b) substituted (26.10.2026 for specified purposes) by Crofting and Scottish Land Court Act 2026 (asp 17), s. 66(2), sch. 2 para. 9(2)(a)(i); S.S.I. 2026/283, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in s. 17(2) repealed (26.10.2026 for specified purposes) by Crofting and Scottish Land Court Act 2026 (asp 17), s. 66(2), sch. 2 para. 9(2)(a)(ii); S.S.I. 2026/283, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 17(2)(d)(e) inserted (26.10.2026 for specified purposes) by Crofting and Scottish Land Court Act 2026 (asp 17), s. 66(2), sch. 2 para. 9(2)(a)(iii); S.S.I. 2026/283, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 17(4) substituted (26.10.2026 for specified purposes) by Crofting and Scottish Land Court Act 2026 (asp 17), s. 66(2), sch. 2 para. 9(2)(b); S.S.I. 2026/283, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 17(4) inserted (26.10.2026) by Crofting and Scottish Land Court Act 2026 (asp 17), ss. 60(2), 66(2); S.S.I. 2026/283, reg. 2(1), sch."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "S. 17(6)(c)(d) inserted (26.10.2026 for specified purposes) by Crofting and Scottish Land Court Act 2026 (asp 17), s. 66(2), sch. 2 para. 9(2)(c); S.S.I. 2026/283, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "S. 17 title substituted (26.10.2026 for specified purposes) by Crofting and Scottish Land Court Act 2026 (asp 17), s. 66(2), sch. 2 para. 9(3); S.S.I. 2026/283, reg. 2, sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 17 in force at 1.4.2015 by S.S.I. 2015/116, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2014/10/section/17",
    "retrieved_at": "2026-11-05T03:42:54.004820+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}