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

1 Functions 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.