Part 2The judiciary
E2Chapter 2Senior judiciary: vacancy, incapacity and suspension
4E1Lord President
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.
Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4