2(1)Section 23 (establishment of the Supreme Court) is amended as follows.U.K.
(2)In subsection (2) (Supreme Court consists of 12 judges)—
(a)for “12 judges appointed” substitute “ the persons appointed as its judges ”, and
(b)after “by letters patent” insert “ , but no appointment may cause the full-time equivalent number of judges of the Court at any time to be more than 12 ”.
(3)In subsection (3) (power to increase number of members of the Court) before “number” insert “ maximum full-time equivalent ”.
(4)In subsection (7) (Court is duly constituted despite vacancy in membership or presiding offices) omit “among the judges of the Court or”.
(5)After that subsection insert—
“(8)For the purposes of this section, the full-time equivalent number of judges of the Court is to be calculated by taking the number of full-time judges and adding, for each judge who is not a full-time judge, such fraction as is reasonable.”
Commencement Information
I1Sch. 13 para. 2 in force at 1.10.2013 by S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)
3(1)Section 26 (selection of members of the Supreme Court) is amended as follows.U.K.
(2)In subsection (5) (Lord Chancellor to convene selection commission to fill any vacancy among the members, or in the presiding offices, of the Court) for “one of the offices mentioned in subsection (1),” substitute “ the office of President of the Court or in the office of Deputy President of the Court, ”.
(3)After subsection (5) insert—
“(5A)If—
(a)the full-time equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and
(b)the Lord Chancellor, or the senior judge of the Court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the Court,
the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.
(5B)In subsection (5A)(b) “the senior judge of the Court” means—
(a)the President of the Court, or
(b)if there is no President, the Deputy President, or
(c)if there is no President and no Deputy President, the senior ordinary judge.”
Commencement Information
I2Sch. 13 para. 3 in force at 1.10.2013 by S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)