Legal Member

Scottish Ministers invite applications from eligible candidates who are interested in appointment as Legal Member of the Mental Health Tribunal for Scotland (MHTS). We are particularly keen to recruit members to hear cases within the Grampian and Highland areas.

Key Duties

• prepare for hearings by reading the papers and identifying legal, procedural and factual issues that may require to be dealt with;
• lead the pre-hearing discussion with the Medical and General tribunal panel members and agree how to conduct the hearing;
• convene hearings, decide with the other panel members procedural and preliminary matters, and ensure that hearings are fair, as informal as possible and efficiently managed;
• facilitate collective decision making, drafting the panel’s written decision with the statement of facts, reasons and any orders or directions of the panel to ensure that the law is appropriately applied and all relevant issues are covered in the written decision;
• ensure that parties who are not always represented can fully present their case and have it considered fairly;
• ensure decisions and any orders of the panel are made efficiently, effectively and fairly;
• explain legal terminology and technicalities and advise other panel members as required;
• ensure the Tribunal follows its Rules of Procedure.

About the appointment

Legal Members of the MHTS attract a fee of £476.38 per day. This recruitment round aims to fill 12 Legal Member vacancies.

It is expected that Legal Members will commit around 24 days per year, although this can be discussed with any successful applicant. The appointment term will last five years.
Applicants should note that the MHTS is scheduled to transfer into the First-tier Tribunal for Scotland. The transfer is expected to take place by the end of 2026. Upon transfer, members will become subject to the provisions of the Tribunals (Scotland) Act 2014 and the Judicial Pensions and Retirement Act 1993. This includes a compulsory retirement age, currently 75, as the 2014 Act amends section 26 of the Judicial Pensions and Retirement Act 1993, to bring tribunal members within the judicial offices to which the provisions in the 1993 Act apply.

Application information

To request an application pack or obtain further information about this post, please email: advising where you heard about the vacancy.

The closing date for applications is 2359 on Wednesday 24 July 2024. Late applications will not be accepted.