Part 2The judiciary
E2Chapter 2Senior judiciary: vacancy, incapacity and suspension
7E1Supplementary
1
Where—
a
any function is exercisable by, or anything falls to be done in relation to, the senior judge of the Inner House by virtue of section 4, 5 or 6, and
b
that judge is unavailable,
the function is exercisable by, or the thing falls to be done in relation to, the second senior judge of the Inner House.
2
Where—
a
any function is exercisable by, or anything falls to be done in relation to, the second senior judge of the Inner House by virtue of section 6 or subsection (1) above, and
b
that judge is unavailable,
the function is exercisable by, or the thing falls to be done in relation to, the next senior judge of the Inner House who is available.
3
In calculating the total number of judges of the Inner House for the purposes of section 4(3) or 5(3), the following are not to be counted—
a
in the case of section 4(3)—
i
the Lord President, and
ii
during any period when section 5 applies, the Lord Justice Clerk,
b
in the case of section 5(3)—
i
the Lord Justice Clerk, and
ii
during any period when section 4 applies, the Lord President, and
c
in either case—
i
any judge of the Inner House who is suspended from office, and
ii
any office of judge of the Inner House which is vacant.
4
The requirements in sections 4(4) and 5(4) do not apply for the purpose of declarations under sections 4(3)(a) and 5(3)(a) respectively if—
a
the judges making the declarations are satisfied that both the Lord President and the Lord Justice Clerk are incapacitated, and
b
the declarations state that this subsection applies.
5
Nothing in this Chapter affects any remuneration payable to, or in respect of, the Lord President, the Lord Justice Clerk or any other judge of the Inner House.
Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4