Court of Appeal Act 2014
Further amendment of Courts (No. 2) Act 1997 | ||
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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”. |