Part 2The judiciary

Chapter 2Senior judiciary: vacancy, incapacity and suspension

5Lord Justice Clerk

1

This section applies during any period when—

a

the office of Lord Justice Clerk is vacant,

b

the Lord Justice Clerk is incapacitated, or

c

the Lord Justice Clerk is suspended.

2

During such a period—

a

any function of the Lord Justice Clerk is exercisable instead by the senior judge of the Inner House, and

b

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 Justice Clerk 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 Justice Clerk is incapacitated,

b

in such a case, the Lord Justice Clerk 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 in the Inner House declaring that they are satisfied that the Lord Justice Clerk 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 President.

5

The requirement in subsection (4)—

a

does not apply during any period when section 4 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.