sec.116Deciding question of law

sec.116 Deciding question of law

This section applies for deciding a question of law arising in a proceeding. If the presiding member is a legally qualified member or an adjudicator, the tribunal’s decision on the question is the decision of the presiding member. If the presiding member is not a legally qualified member or an adjudicator and the tribunal as constituted for the proceeding includes 1 legally qualified member, the tribunal’s decision on the question is the decision of the legally qualified member. If the presiding member is not a legally qualified member or an adjudicator and the tribunal as constituted for a proceeding includes 2 legally qualified members, the tribunal’s decision on the question is the decision of the legally qualified member nominated by the president to decide questions of law arising in the proceeding. If the presiding member is not a legally qualified member or an adjudicator and the tribunal as constituted for a proceeding does not include a legally qualified member— the tribunal’s decision on the question is the decision of a legally qualified member nominated by the president; and for that purpose only, the tribunal is taken to have been reconstituted to include the legally qualified member. (sec.116-ssec.1) This section applies for deciding a question of law arising in a proceeding. (sec.116-ssec.2) If the presiding member is a legally qualified member or an adjudicator, the tribunal’s decision on the question is the decision of the presiding member. (sec.116-ssec.3) If the presiding member is not a legally qualified member or an adjudicator and the tribunal as constituted for the proceeding includes 1 legally qualified member, the tribunal’s decision on the question is the decision of the legally qualified member. (sec.116-ssec.4) If the presiding member is not a legally qualified member or an adjudicator and the tribunal as constituted for a proceeding includes 2 legally qualified members, the tribunal’s decision on the question is the decision of the legally qualified member nominated by the president to decide questions of law arising in the proceeding. (sec.116-ssec.5) If the presiding member is not a legally qualified member or an adjudicator and the tribunal as constituted for a proceeding does not include a legally qualified member— the tribunal’s decision on the question is the decision of a legally qualified member nominated by the president; and for that purpose only, the tribunal is taken to have been reconstituted to include the legally qualified member.

• (a) the tribunal’s decision on the question is the decision of a legally qualified member nominated by the president; and
• (b) for that purpose only, the tribunal is taken to have been reconstituted to include the legally qualified member.