If the Chairing Member of the Board is unable for good reason to participate in a panel, that Member’s place on the panel is to be taken by a lay member of the Board nominated by the Chairing Member.

If the office of the Chairing Member is vacant, or if that Member is unable for any reason to make a nomination for the purposes of sub-paragraph (1), that Member’s place on the panel is to be taken by another lay member of the Board nominated by the Board.

If the Lord President is unable for good reason to participate in a panel, the Lord President’s place is to be taken by a qualifying judge nominated by the Lord President.

During any period when section 4 applies, or if the Lord President is unable for any reason to make a nomination for the purposes of sub-paragraph (3), the Lord President’s place on the panel is to be taken by a qualifying judge nominated by the First Minister.