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Judiciary and Courts (Scotland) Act 2008
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Changes to legislation:
Judiciary and Courts (Scotland) Act 2008, Section 4 is up to date with all changes known to be in force on or before 19 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 4:
- s. 2(2ZA) inserted by 2025 asp 12 s. 30(2)(a)
- s. 2(6)(ba) inserted by 2025 asp 12 sch. 5 para. 2(3)
- s. 2(6A) inserted by 2025 asp 12 s. 30(2)(b)
- s. 20E(6) inserted by 2025 asp 12 s. 73(2)(c)
- s. 35(2A) inserted by 2025 asp 12 sch. 5 para. 2(5)
- s. 43(2)(cb) inserted by 2025 asp 12 sch. 5 para. 2(6)
- s. 62(1)(bza) inserted by 2025 asp 12 sch. 5 para. 2(7)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2(2ZA) inserted by 2025 asp 12 s. 30(2)(a)
- s. 2(6)(ba) inserted by 2025 asp 12 sch. 5 para. 2(3)
- s. 2(6A) inserted by 2025 asp 12 s. 30(2)(b)
- s. 20E(6) inserted by 2025 asp 12 s. 73(2)(c)
- s. 35(2A) inserted by 2025 asp 12 sch. 5 para. 2(5)
- s. 43(2)(cb) inserted by 2025 asp 12 sch. 5 para. 2(6)
- s. 62(1)(bza) inserted by 2025 asp 12 sch. 5 para. 2(7)
4Lord PresidentU.K.
This section has no associated Explanatory Notes
(1)This section applies during any period when—
(a)the office of Lord President is vacant,
(b)the Lord President is incapacitated, or
(c)the Lord President is suspended.
(2)During such a period—
(a)any function of the Lord President is exercisable instead by the Lord Justice Clerk,
(b)anything that falls to be done in relation to the Lord President falls to be done instead in relation to the Lord Justice Clerk,
(c)any function of the Lord Justice Clerk is exercisable instead by the senior judge of the Inner House, and
(d)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 President 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 President is incapacitated,
(b)in such a case, the Lord President 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 of the Inner House declaring that they are satisfied that the Lord President 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 Justice Clerk.
(5)The requirement in subsection (4)—
(a)does not apply during any period when section 5 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.
(7)The reference in subsection (2)(a) to functions of the Lord President does not include the function of participating in a panel established under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord Justice Clerk.
Extent Information
E1Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4
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