General Regulatory Chamber

Eligibility

Legal Members of the First-tier Tribunal are appointed by the Scottish Ministers. To be eligible for appointment you must:  

• Have previous engagement in practice for a period of not less than 5 years as a solicitor or advocate in Scotland; and
• Subsequent engagement in any of the activities listed below: 
  (a) exercising judicial functions in any court or Tribunal; 
  (b) practice or employment as a lawyer of any kind; or
  (c) teaching or researching law at or for an educational institution. 

Knowledge and Skills

Legal Members of the GRC require a blend of judicial, legal, and personal skills to handle cases effectively, uphold fairness, and inspire public confidence. These skills intersect across several key areas:

• Decision-Making and Judgement: The ability to make fair, timely, and well-reasoned decisions is fundamental. This involves assessing evidence, applying legal principles, and reaching defensible conclusions grounded in law. Good judgement includes recognizing when discretion is appropriate, especially in this high-volume, summary jurisdiction. This skill requires not only a deep understanding of the law but also impartiality and composure under pressure, fostering public trust in the adjudication process.
• Impartiality and Fairness: Impartiality is essential across all aspects of the role, ensuring every case is approached without bias. Legal Members must treat each party’s case on its own merits, upholding principles of natural justice. This includes balancing the efficient handling of cases with fairness and equity, especially when parties are self-represented or unfamiliar with legal procedures.
• Analytical and Critical Thinking: Strong analytical abilities are necessary to examine facts, identify key issues, and apply relevant laws. Legal Members must critically evaluate the credibility of evidence, address inconsistencies, and make clear distinctions on points of law. This skill extends to scrutinizing written submissions and discerning nuances that can impact decisions, which is especially important when resolving cases without a hearing.
• Case Management and Efficiency: Effective case management is crucial for handling high caseloads promptly and fairly. Legal Members must organize their caseload, set realistic timelines, and streamline cases by focusing on key issues. Efficiency supports fair treatment of all parties and allows resources to be allocated appropriately, balancing thorough review with timely resolution.
• Legal Knowledge and Procedural Expertise: Legal Members require comprehensive knowledge of relevant statutes, regulations, and case law governing decriminalized parking enforcement and other transport appeals. Familiarity with procedural rules and principles of administrative law supports efficient and compliant handling of cases. They should stay updated on legal developments, ensuring their decisions reflect current law and are procedurally sound.
• Written and Oral Communication: Legal Members must communicate complex legal points in clear, accessible language, both in writing and verbally. Written decisions should be concise, well-reasoned, and transparent, enabling parties to understand the basis of the ruling. In hearings, clear verbal communication is essential to explain procedures, respond to questions, and ensure both parties feel heard.
• Public Service Mindset and Integrity: Legal Members serve in a public role and should act with a sense of service, integrity, and commitment to justice. Upholding high ethical standards and transparency in decision-making instils confidence in the fairness of the process. Integrity, along with a professional demeanour, ensures that all parties are treated with respect and that decisions are made in the public’s best interest.
• Listening and Questioning Skills: Especially in hearings, listening carefully to each party’s arguments and knowing when to ask clarifying questions is key to understanding the full context of each case. This skill ensures that parties feel heard and that decisions are based on a complete picture of the facts, helping to reduce the likelihood of appeals.
• Emotional Resilience and Adaptability: Given the volume and nature of cases, Legal Members need emotional resilience to manage challenging situations with professionalism. Adaptability is also vital, allowing members to adjust their approach based on the specifics of each case or procedural changes, while maintaining consistency in quality.
   

Eligibility

A person is eligible for appointment as an ordinary member of the First-tier Tribunal for Scotland if the person has knowledge and experience in accounting or governance of public or private bodies or charities.

Specialist Knowledge

• Provide the tribunal with support and guidance on matters in which they hold specialist knowledge, lived experience, understanding and expertise on relevant issues which are in dispute.

Working with others

• Work collaboratively and effectively as part of a team of judicial office holders and be active in the hearing, deliberations and decision making.
• Take responsibility for process and decisions, ensuring they are fair and impartial.
• Manage difficult issues which may arise in hearings in an inclusive and supportive manner, with care and sensitivity.
• Is self-aware and uses feedback and self-reflection to develop self and others.

Exercising Judgement

• Remains impartial and open minded and is seen to be fair to all.
• Able to absorb and distil complex arguments, summarise issues, and apply specialist knowledge to support well reasoned decisions.
• Able to focus on salient pieces of information and ask probing, focused questions in a way that is sensitive to those being questioned.

Managing Work Effectively

• Is diligent and hard working.
• Is able to deliver work at speed and under pressure within timescales set by the Chamber President.

Communicating Effectively

• Modifies communication style to meet the needs of other judicial office holders, parties and witnesses.
  Ability to communicate in an inclusive and respectful manner.
• Listens with care, patience and respect.
• Participate fully in deliberations after the hearing has concluded and convey specialist knowledge clearly.