Constitutional Reform Act 2005

Composition for proceedings

42Composition

(1)The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—

(a)the Court consists of an uneven number of judges;

(b)the Court consists of at least three judges;

(c)more than half of those judges are permanent judges.

(2)Paragraphs and of subsection are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.

(3)Paragraph of subsection is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.

(4)This section is subject to section 43.

(5)In this section—

(a)“directions” means directions given by the President of the Court;

(b)“specified”, in relation to directions, means specified in those directions;

(c)references to permanent judges are references to those judges of the Court who are not acting judges under section 38.

(6)This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.

43Changes in composition

(1)This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.

(2)The presiding judge may direct that the Court is still duly constituted in the proceedings.

(3)The presiding judge may give a direction under this section only if—

(a)the parties agree;

(b)the Court still consists of at least three judges (whether the number of judges is even or uneven);

(c)at least half of those judges are permanent judges.

(4)Subsections (2) and (3) are subject to directions given by the President of the Court.

(5)If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.

(6)In this section—

(a)“presiding judge” means the judge who is to preside, or is presiding, over proceedings;

(b)references to permanent judges have the same meaning as in section 42.