Courts (No. 2) Act, 1997
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Former presiding judges and vacancies in relevant court. |
6.—(1) In respect of each former Chief Justice who is still serving as a judge of the Supreme Court and to whom section 4 (2) relates, a vacancy which, but for the application of this subsection to such judge, could be filled in the number of ordinary judges of that Court— | |
(a) at the time when he or she ceases to be the Chief Justice, or | ||
(b) where there is no such vacancy at that time, such a vacancy as next arises or, where appropriate, such a vacancy as next arises after this subsection has been applied to any other preceding former Chief Justice so serving, | ||
shall not be filled until that former Chief Justice has ceased to be a judge of the Supreme Court to whom section 4 (2) relates. | ||
(2) In respect of each former President of the High Court who is still serving as a judge of the High Court and to whom section 4 (2) relates, a vacancy which, but for the application of this subsection to such judge, could be filled in the number of ordinary judges of that Court— | ||
(a) at the time when he or she ceases to be the President of the High Court, or | ||
(b) where there is no such vacancy at that time, such a vacancy as next arises or, where appropriate, such a vacancy as next arises after this subsection has been applied to any other preceding former President of the High Court so serving, | ||
shall not be filled until that former President of the High Court has ceased to be a judge of the High Court to whom section 4 (2) relates. | ||
(3) In respect of each former President of the Circuit Court who is still serving as a judge of the Circuit Court and to whom section 4 (2) relates, a vacancy which, but for the application of this subsection to such judge, could be filled in the number of ordinary judges of that Court— | ||
(a) at the time when he or she ceases to be the President of the Circuit Court, or | ||
(b) where there is no such vacancy at that time, such a vacancy as next arises or, where appropriate, such a vacancy as next arises after this subsection has been applied to any other preceding former President of the Circuit Court so serving, | ||
shall not be filled until that former President of the Circuit Court has ceased to be a judge of the Circuit Court to whom section 4 (2) relates. | ||
(4) In respect of each former President of the District Court who is still serving as a judge of the District Court and to whom section 4 (2) relates, a vacancy which, but for the application of this subsection to such judge, could be filled in the number of judges (other than as President) of that Court— | ||
(a) at the time when he or she ceases to be the President of the District Court, or | ||
(b) where there is no such vacancy at that time, such a vacancy as next arises or, where appropriate, such a vacancy as next arises after this subsection has been applied to any other preceding former President of the District Court so serving, | ||
shall not be filled until that former President of the District Court has ceased to be a judge of the District Court to whom section 4 (2) relates. |