Commentary on Sections Part 5 – Decision-Making and Composition.Decisions in First-tier Tribunal Section 37 – Decisions in the Tribunal
157.Section 37 makes provision as to the exercise of the First-tier Tribunal’s function of deciding any matter in a case within its jurisdiction. This function is to be exercised by one or two or more members of the chamber to which the case is allocated. It is for regulations made under section 20(2)(b) (chambers in the Tribunal) to make provision for the allocation of the First-tier Tribunal’s functions among the chambers.
158.The Chamber President has the responsibility for selecting the members but, in so doing, must comply with any relevant provision made by regulations under section 38 (composition of the Tribunal).
159.If the First-tier Tribunal is exercising a function in a case which has been remitted to it by the Upper Tribunal under section 47(2)(b) (disposal of an appeal by the Upper Tribunal), the Chamber President must also comply with any directions given by the Upper Tribunal under section 47(5)(b) as to the members to be chosen to reconsider the case.