Victims, Witnesses, and Justice Reform (Scotland) Act 2025

77 President and Vice President: incapacity and suspension

(1) Subsection (2) applies during any period when the President of the Sexual Offences Court—

(a) is unable (for any reason) to carry out the functions of the office, or

(b) is suspended from office.

(2) During the period mentioned in subsection (1)—

(a) the functions of the President are to be carried out instead by the Vice President of the Sexual Offences Court, and

(b) anything that falls to be done in relation to the President falls to be done instead in relation to the Vice President.

(3) Subsection (4) applies during any period when both the President and the Vice President of the Sexual Offences Court—

(a) are unable (for any reason) to carry out the functions of the President, or

(b) are suspended from office.

(4) During the period mentioned in subsection (3), subsection (2) does not apply and—

(a) the Lord Justice General may undertake to carry out the functions of the President, if the Lord Justice General is not the President,

(b) if the Lord Justice General does not undertake to carry out the functions of the President under paragraph (a), the Lord Justice General must direct that the functions of the President are to be carried out instead by—

(i) the Lord Justice Clerk, if the Lord Justice Clerk is not the President or Vice President, or

(ii) such Judge of the Sexual Offences Court (other than the President or Vice President) as the Lord Justice General may appoint to act in place of the President, and

(c) anything that falls to be done in relation to the President falls to be done instead in relation to the person carrying out the functions of the President in accordance with this subsection.