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.