173.Section 42 makes provision for chairing members where a decision is being taken by two or more members. Subsection (1) specifies that Tribunal Rules may make provision for determining who will be the chairing member in a case before the First-tier or Upper Tribunal. Subsection (2) makes further provision for what can be specified in Tribunal Rules in relation to chairing members.
Commentary on Sections Voting where two or more members Section 42 – Chairing Members