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1 Section 22 (membership of appeal tribunal) is amended as follows. 2 In subsection (1)(a)— a for “by the Lord Chancellor” substitute “ by the Lord Chief Justice, after consulting the Lord Chancellor, ” ; b omit “(other than the Lord Chancellor)”. 3 In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “ Lord Chief Justice shall ” . 4 After subsection (3) insert— 3A The Lord Chief Justice must not make an appointment under subsection (3) unless— a he has consulted the Lord Chancellor, and b the Lord President of the Court of Session agrees. 5 After subsection (4) insert— 5 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 6 The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).