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Judiciary and Courts (Scotland) Act 2008

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This is the original version (as it was originally enacted).

4Lord President

This section has no associated Explanatory Notes

(1)This section applies during any period when—

(a)the office of Lord President is vacant,

(b)the Lord President is incapacitated, or

(c)the Lord President is suspended.

(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 a majority of the total number of 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 a majority of the total number of judges of the Inner House declaring that they are satisfied that the Lord President 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 Justice Clerk.

(5)The requirement in subsection (4)—

(a)does not apply during any period when section 5 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.

(7)The reference in subsection (2)(a) to functions of the Lord President does not include the function of participating in a panel established under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord Justice Clerk.

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