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Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006

Section 3

16.This section deals with the possibility that at the point when it becomes necessary to invoke the provisions of sections 1 or 2, the judge of the Inner House who would have taken on functions is unavailable. The provision provides that in such circumstances, the next most senior judge who is available should take the place of his or her more senior colleague. So using the illustration in paragraph 16, if Judge 2 had been unavailable when the Lord Justice Clerk became incapacitated, Judge 3 would have stepped up to carry out the functions of the Lord Justice Clerk. This will only last during the currency of any such unavailability.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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