1Functions of the Lord President during vacancy or incapacity
1
Subsection (2) applies during any period when—
a
the office of Lord President of the Court of Session (“the Lord President”) is vacant; or
b
the Lord President is incapacitated.
2
During such a period—
a
any function of the Lord President is exercisable instead by the Lord Justice Clerk;
b
anything that falls to be done in relation to the Lord President falls to be done instead in relation to the Lord Justice Clerk;
c
any function of the Lord Justice Clerk is exercisable instead by the senior judge of the Inner House; and
d
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 President is to be regarded as incapacitated only if the First Minister has received a declaration in writing signed by at least 5 judges of the Inner House declaring that they are satisfied that the Lord President is incapacitated;
b
in such a case, the Lord President is to be regarded as incapacitated until the First Minister has received a declaration in writing signed by at least 5 judges of the Inner House declaring that they are satisfied that the Lord President is no longer incapacitated.
4
Except in any period during which section 2(2) applies, the judges of the Inner House mentioned in subsection (3)(a) and (b) must include the Lord Justice Clerk.
5
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.