Each Chamber of the First-tier Tribunal for Scotland has a Chamber President. The role of Chamber President is wide and varied and has a key leadership role in developing, representing and promoting the Chamber in which they serve. Chamber Presidents make a significant contribution to upholding the reputation of the Chamber and the wider First-tier Tribunal, and have a key hand in the development of the Chamber, leading and managing change, working in close co-operation with senior judiciary, including the Lord President and the President of Scottish Tribunals, as well as directors and senior administration of the Scottish Courts and Tribunals Service.
Eligibility
Appointment as a Chamber President is made by the Scottish Ministers. To be eligible for appointment, applicants must:
(a) Be a legal member of the Upper Tribunal, or
(b) Be eligible to be appointed as a legal member of the Upper Tribunal.
Eligibility as a legal member of the Upper Tribunal:
(1) A person is eligible for appointment as a legal member of the Upper Tribunal for Scotland under paragraph under paragraph 5(2) of schedule 5 to the Act if the person qualifies under paragraph (2).
(2) Subject to paragraph (5), a person qualifies under this paragraph, if the person has had—
(a) previous engagement in practice for a period of not less than 7 years as a solicitor or advocate in Scotland; and
(b) subsequent engagement in any of the activities listed in paragraph (3).
(3) The activities are—
(a) exercising judicial functions in any court or tribunal;
(b) practice or employment as a lawyer of any kind.
(4) The 7 year period referred to in paragraph (2)(a) (and the 7 year period referred to in paragraph 5(1) of schedule 5 to the Act) may be calculated on a cumulative or a continuous basis.
(5) A person is not to be treated as having satisfied paragraph (2)(a), if the person has been debarred from the person’s professional body or if the person has been subject to any sanction that would have led to such debarment had the person not ceased to belong to the professional body.
Responsibilities
A Chamber President has a range of responsibilities, including:
- Leadership of the Chamber
- Maintaining judicial office holder competence throughout the Chamber through training, quality assurance and welfare support.
- Building and maintaining relationships with stakeholders by attending stakeholder events and delivering presentations about the Chamber at conferences, official functions and other events.
- Working with the President of Scottish Tribunals, Judicial Office and the Scottish Government on matters related to the Chamber and wider tribunal reform.
- Maintaining your Chamber's, and wider tribunal, reputation as being independent and accessible, providing an expert service.
- Judicial Casework
- Chamber Presidents provide specialist training, support and resources to judicial office holders on relevant areas of law.
- They will also chair first-instance cases, particularly complex cases or those raising novel points of law.
- Provision of guidance, mentoring, peer-review and tutoring to colleagues on areas of law and procedure.
- Weighing up conflicting evidence and supporting other judicial office holders to reach independent and well-reasoned decisions.
- Drafting of written decisions, including findings in fact, and reasons for decisions.
- Chamber Management
- Preside over the work of the Chamber to ensure that business is discharged efficiently.
- Ensure suitably qualified and experienced members are allocated to hear cases (including permissions to appeal or review)
- Ensure hearings are fixed within appropriate timescales and written decisions are produced timeously.
- Working Collegiately
- Chamber Presidents work with judicial office holders, SCTS staff and senior judiciary
- Regular engagement with other Chamber Presidents, the President of Scottish Tribunals
- Agreeing process and procedure and managing the flow of business
- When sitting at first instance, advising judicial office holders on law and procedure and ensuring that the special expertise of the Chamber is used appropriately and effectively.
- A Chamber President should have a high level of expertise in their own area of practice and a general knowledge of civil law (private and public) in Scotland. Underpinned by a thorough knowledge of Scots law of evidence, practice and procedure, the applicant will ideally have practical experience of the subject matter of the Chamber, although this is not essential. They must be able to deal effectively with new areas of law in which they are not expert, remain up to date with developments, and analyse and interpret complex evidence, case law and statute. Complex and challenging legal problems should be addressed with clear, well-reasoned decisions.
- In judicial practice, the Chamber President should be able to lead by example, sitting on complex or novel cases at first instance and in the Upper Tribunal, guiding others through evolving areas of law, and chairing hearings to ensure fairness, procedural clarity and effective use of specialist expertise. They must balance a personal caseload with supporting colleagues to deliver proportionate, well-reasoned outcomes.
- The role requires the ability to think strategically and the ability to lead through complexity and change. It involves developing the Chamber, maintaining its reputation, judicial independence and standing. It is important to promote a collegiate, high-performing culture, whilst contributing to legislative reform and ongoing development.
- Excellent judgement is vital, with the ability to make fair, impartial and well-structured decisions in both judicial and leadership contexts. Patience, respect in listening, and strong communication skills are required to produce written decisions, guidance and training materials that are clear, concise and timeous. A Chamber President must be able to explain complex legal matters in accessible language to diverse audiences, including unrepresented parties.
- The ability to work in a collegiate manner and to develop strong relationships with judicial office holders, other Chamber Presidents, the President of Scottish Tribunals, the Lord President, the Scottish Courts and Tribunals Service, the Judicial Office and administrative teams is essential. This is a demanding role requiring considerable personal resilience, balancing the efficient disposal of business with the management and support of judicial office holders.