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.