Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006

Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006
Dates
Scottish Parliament
Long title	An Act of the Scottish Parliament to make provision for the exercise of functions during vacancies in the offices of Lord President of the Court of Session and Lord Justice Clerk and the incapacity of the holders of those offices.
Citation	2006 asp 9
Introduced by	Cathy Jamieson, Minister for Justice
Territorial extent	Scotland
Royal assent	27 June 2006
Commencement	27 June 2006
Repealed	1 June 2009
Other legislation
Repealed by	Judiciary and Courts (Scotland) Act 2008
Status: Repealed
History of passage through Parliament
Text of statute as originally enacted
Text of the Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 was an Act of the Scottish Parliament passed in response to the incapacity due to ill health of Lord Hamilton, the Lord President of the Court of Session. The Bill was introduced on 13 June 2006 by Cathy Jamieson, then Minister for Justice,^[1] and received Royal Assent on 27 June 2006.^[2]

The act was superseded by the Judiciary and Courts (Scotland) Act 2008 before it could be invoked and it was repealed when the 2008 act came into force on 1 June 2009.

Provision

Parliament House, Edinburgh, home of the Court of Session

The Act was intended to prevent the business of the Court of Session and High Court of Justiciary being disrupted by the absence of Scotland's two most senior judges (the Lord President and the Lord Justice Clerk). The Act provided a system whereby the powers and functions of the Lord President could be passed to the Lord Justice Clerk, or those of the Lord Justice Clerk to the next most senior judge.

If five senior judges in the Inner House of the Court of Session, including the Lord Justice Clerk, certify through a written declaration to the First Minister that the Lord President is incapacitated, the Lord President's duties become exercisable by the Lord Justice Clerk. Similarly, if five judges of the Inner House, including the Lord President, certify in writing to the First Minister that the Lord Justice Clerk is incapacitated, his functions, including any which he has assumed due to the Lord President's incapacity, pass to the next most senior judge of the Inner House. Where both the Lord Justice Clerk and the Lord President are incapacitated, they are not required to certify each other's incapacity.

Repeal

The Bill for the Act was passed by the Scottish Parliament under emergency procedures, but the return to work of Lord Hamilton meant that it was never invoked. It was repealed by the Judiciary and Courts (Scotland) Act 2008,^[3] which was brought into force on 1 June 2009.^[4]

References

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of the Parliament of Ireland	to 1700 1701–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly List Acts of the Parliament of Northern Ireland List Orders in Council for Northern Ireland List

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal

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