When the Upper Tribunal considers a case that is appealed from the First-tier Tribunal, it is made up of one of the following (The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018, reg 5(1) and (2)):

i) A member of the Upper Tribunal acting alone.

ii) Two or three members of the Upper Tribunal.

iii)The Chamber President acting alone or with no more than two members of the Upper Tribunal. The Chamber President must not:

• have had any involvement in the case that is being appealed
• be a temporary Chamber President.

iv) The President of the Scottish Tribunals acting in any of the following situations

• alone
• with the Chamber President (The Chamber President must not have had any involvement in the case that is being appealed)
• with no more than two members of the Upper Tribunal.

v) The Lord President, acting in any of the following situations:

• alone
• with the Chamber President (The Chamber President must not have had any involvement in the case that is being appealed)
• with no more than two members of the Upper Tribunal.

A member of the Upper Tribunal may:

• be a legal member
• be a judicial member
• not be an ordinary member.

An ordinary member is someone who has expertise in the subject area.

A legal member is someone who is legally qualified.

A judicial member is a judge of the Court of Session, including a temporary judge.

The President of the Scottish Tribunals has the authority to decide:

• whether a member acting alone is to be a legal member or a judicial member
• how many members are to be legal members and how many members are to be judicial members.