Search Legislation

Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006

Section 3

16.This section deals with the possibility that at the point when it becomes necessary to invoke the provisions of sections 1 or 2, the judge of the Inner House who would have taken on functions is unavailable. The provision provides that in such circumstances, the next most senior judge who is available should take the place of his or her more senior colleague. So using the illustration in paragraph 16, if Judge 2 had been unavailable when the Lord Justice Clerk became incapacitated, Judge 3 would have stepped up to carry out the functions of the Lord Justice Clerk. This will only last during the currency of any such unavailability.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources