art 9 Membership of tribunal panel
(1) Subject to rule 39(5), a tribunal panel must consist of three members of the Tribunal, namely— (a) the Chair of the panel, and (b) two other members. (2) Members of a tribunal panel, and the Chair of the panel, must be appointed by the President but this is subject to paragraph (6). (3) The Chair must either be the President or another member of the Tribunal who is legally qualified. (4) The other two members must include at least one lay member of the Tribunal. (5) The President must exercise the power under paragraph (2) with a view to ensuring that there is no conflict between the interests of any member of the panel which is to hear a case and the Tribunal’s duty to deal with that case in accordance with the overriding objective. (6) If there are circumstances which would, in accordance with paragraph (5) prevent the President from being a member of a panel, the President must consider whether those circumstances make it undesirable that the President should exercise the power under paragraph (2) to appoint members of that panel; if so, the President must identify a legally qualified member of the Tribunal, to whom no similar circumstances apply, and the power under paragraph (2) may then be exercised by that member.