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.