5Lord Justice ClerkU.K.
(1)This section applies during any period when—
(a)the office of Lord Justice Clerk is vacant,
(b)the Lord Justice Clerk is incapacitated, or
(c)the Lord Justice Clerk is suspended.
(2)During such a period—
(a)any function of the Lord Justice Clerk is exercisable instead by the senior judge of the Inner House, and
(b)anything that falls to be done in relation to the Lord Justice Clerk falls to be done instead in relation to the senior judge of the Inner House.
(3)For the purposes of this section—
(a)the Lord Justice Clerk is to be regarded as incapacitated only if the First Minister has received a declaration in writing signed by a majority of the total number of judges of the Inner House declaring that they are satisfied that the Lord Justice Clerk is incapacitated,
(b)in such a case, the Lord Justice Clerk is to be regarded as incapacitated until the First Minister has received a declaration in writing signed by a majority of the total number of judges in the Inner House declaring that they are satisfied that the Lord Justice Clerk is no longer incapacitated.
(4)The judges of the Inner House making a declaration for the purposes of subsection (3)(a) or (b) must include the Lord President.
(5)The requirement in subsection (4)—
(a)does not apply during any period when section 4 applies, and
(b)is subject to section 7(4).
(6)The First Minister must send a copy of a declaration received under subsection (3)(a) or (b) to the Presiding Officer of the Scottish Parliament.
Extent Information
E1Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4