Part 3

The Supreme Court

Composition for proceedings

Changes in composition
43
1
This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.
2
The presiding judge may direct that the Court is still duly constituted in the proceedings.
3
The presiding judge may give a direction under this section only if—
a
the parties agree;
b
the Court still consists of at least three judges (whether the number of judges is even or uneven);
c
at least half of those judges are permanent judges.
4
Subsections (2) and (3) are subject to directions given by the President of the Court.
5
If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.
6
In this section—
a
“presiding judge” means the judge who is to preside, or is presiding, over proceedings;
b
references to permanent judges have the same meaning as in section 42.