Court of Appeal Act 2014

Further amendment of Courts (No. 2) Act 1997

31. The Courts (No. 2) Act 1997 is amended—

(a) in section 1, in the definition of “presiding judge”, by the insertion of the following paragraph after paragraph (a):

“(aa) in the case of the Court of Appeal, the judge of that Court who is also the President of the Court of Appeal;”,

(b) in section 4(1), by the substitution of “presiding judge of the Supreme Court, Court of Appeal, High Court” for “presiding judge of the Supreme Court, High Court”,

(c) in section 5—

(i) in subsection (1)(a), by the substitution of “Supreme Court, the Court of Appeal, the High Court,” for “Supreme Court, the High Court,”, and

(ii) by the insertion of the following subsection after subsection (2):

“(2A) Notwithstanding section 1A (inserted by section 6 of the Court Of Appeal Act 2014) of the Courts (Establishment and Constitution) Act 1961 , the number of judges of the Court of Appeal provided for by that section may, subject to section 6, be exceeded by one in each case where a former President of the Court of Appeal serves as a judge of the Court of Appeal by virtue of being a former President of the Court of Appeal to whom section 4(2) relates.”,

(d) in section 6, by the insertion of the following subsection after subsection (1):

“(1A) In respect of each former President of the Court of Appeal who is still serving as a judge of the Court of Appeal 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 Court of Appeal, 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 Court of Appeal so serving,

shall not be filled until that former President of the Court of Appeal has ceased to be a judge of the Court of Appeal to whom section 4(2) relates.”,

and

(e) in section 7—

(i) in subsection (1), by the substitution of “an additional judge of the Court of Appeal or of the High Court” for “an additional judge of the High Court”,

(ii) by the insertion of the following subsection after subsection (1):

(1A) “Nothing in this Act shall be construed as affecting a former President of the Court of Appeal who serves as a judge of the Court of Appeal to whom section 4(2) relates from continuing to be ex officio an additional judge of the Supreme Court or of the High Court.”,

and

(iii) in subsection (2), by the insertion of “an additional judge of the Court of Appeal or of the Supreme Court” for “an additional judge of the Supreme Court”.