Courts (No. 2) Act, 1997
Supplemental provision on number of judges. |
5.—(1) This section shall not apply where, at the time a judge to whom section 4 (2) relates ceases to be a presiding judge, there is a vacancy in the court concerned to which section 6 does not already relate— | |
(a) in the case of the Supreme Court, the High Court or the Circuit Court, amongst the ordinary judges of that Court, and | ||
(b) in the case of the District Court, amongst the judges of that Court other than the President of the District Court. | ||
(2) Notwithstanding section 1 (as amended by section 6 of the Act of 1995) of the Courts (Establishment and Constitution) Act, 1961 , the number of judges of the Supreme Court provided for by that section may, subject to section 6 , be exceeded by one in each case where a former Chief Justice serves as a judge of the Supreme Court by virtue of being a former Chief Justice to whom section 4 (2) relates. | ||
(3) Notwithstanding section 9 (inserted by section 2 ) of the Act of 1995, the number of judges of the High Court provided for by section 2(2) of the Courts (Establishment and Constitution) Act, 1961 , and by the said section 9 may, subject to section 6 , be exceeded by one in each case where a former President of the High Court serves as a judge of the High Court by virtue of being a former President of the High Court to whom section 4 (2) relates. | ||
(4) Notwithstanding section 10 (as amended by section 1 of the Courts Act, 1996 ) of the Act of 1995, the number of judges of the Circuit Court provided for by section 4(2) of the Courts (Establishment and Constitution) Act, 1961 , and by the said section 10 may, subject to section 6 , be exceeded by one in each case where a former President of the Circuit Court serves as a judge of the Circuit Court by virtue of being a former President of the Circuit Court to whom section 4 (2) relates. | ||
(5) Notwithstanding section 11 of the Act of 1995, the number of judges of the District Court provided for by that section may, subject to section 6 , be exceeded by one in each case where a former President of the District Court serves as a judge of the District Court by virtue of being a former President of the District Court to whom section 4 (2) relates. |