Constitutional Reform Act 2005

Special rules where President’s or Deputy President’s place unfilled

4 (1) The home jurisdiction of a judge of the Supreme Court is determined for the purposes of paragraphs 2 and 3 in accordance with this paragraph.

(2) If the judge became, or first became, a member of the Supreme Court by virtue of section 24, his home jurisdiction is—

(a) the jurisdiction in which he held (or last held) any high judicial office by which he was qualified for appointment as a Lord of Appeal in Ordinary;

(b) if he was qualified for that appointment only by a qualification listed in section 6(a) to (c) of the Appellate Jurisdiction Act 1876 (c. 59), the jurisdiction in which he held that qualification;

(c) if he held such a qualification in more than one jurisdiction, the jurisdiction with which he was, as the holder of such a qualification, most closely associated.

(3) Sub-paragraph (4) applies if the following conditions are met—

(a) the judge became, or first became, a member of the Supreme Court by virtue of sections 25 to 31;

(b) he qualified for appointment, or first appointment, to the Supreme Court by virtue—

(i) only of section 25(1)(a), or

(ii) of section 25(1)(a) and (b).

(4) In such a case the judge’s home jurisdiction is—

(a) if he was qualified for appointment, or first appointment, by virtue of holding high judicial office in one jurisdiction, that jurisdiction;

(b) if he was so qualified by virtue of holding high judicial office in more than one jurisdiction, the jurisdiction in which he was appointed to high judicial office most recently.

(5) Sub-paragraph (6) applies if the following conditions are met—

(a) the judge became, or first became, a member of the Supreme Court by virtue of sections 25 to 31;

(b) he qualified for appointment, or first appointment, to the Supreme Court by virtue only of section 25(1)(b).

(6) In such a case the judge’s home jurisdiction is—

(a) if he was qualified for appointment, or first appointment, by virtue of being a qualifying practitioner in one jurisdiction, that jurisdiction;

(b) if he was so qualified by virtue of being a qualifying practitioner in more than one jurisdiction, the jurisdiction with which he was, as a qualifying practitioner, most closely associated.