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

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Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
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
Dates
Royal assent 27 June 2006
Commencement 27 June 2006
Repealed1 June 2009
Other legislation
Repealed by Judiciary and Courts (Scotland) Act 2008
Status: Repealed
History of passage through the 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Text of statute as originally enacted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]

Contents

The act was superseded by the Judiciary and Courts (Scotland) Act 2008 before it could be invoked and it was repealed when the 2008 act came into force on 1 June 2009.

Background

Lord Hamilton was admitted to hospital on 13 May 2006. [3]

Legislative passage

The act was passed as emergency legislation. [4]

Provision

Parliament House, Edinburgh, home of the Court of Session Parliament House, Edinburgh.JPG
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.

Further developments

Lord Hamilton returned to work after 2 months of sick leave. [5]

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, [6] which was brought into force on 1 June 2009. [7]

References

  1. ↑ "Senior Judiciary (Vacancies and ncapacity) (Scotland) Bill [AS INTRODUCED]" (PDF). Scottish Parliament. 2006. Archived from the original (PDF) on 5 June 2011.
  2. ↑ "Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006". legislation.gov.uk. Archived from the original on 17 June 2021. Retrieved 20 May 2022.
  3. ↑ "Senior judge treated for stress". BBC News. 27 May 2006. Retrieved 28 January 2026.
  4. ↑ "Judge's sick leave sparks new law". BBC News. 15 June 2006. Retrieved 28 January 2026.
  5. ↑ "Top judge returns from sick leave". BBC News. 3 July 2006. Retrieved 28 January 2026.
  6. ↑ "Act repealed (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 73, 76(1), Sch. 5 para. 4; S.S.I. 2009/192, art. 2, Sch". Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006. legislation.gov.uk. Archived from the original on 7 April 2021. Retrieved 20 May 2022.
  7. ↑ Ewing, Fergus (18 May 2009). "Schedule to The Judiciary and Courts (Scotland) Act 2008 (Commencement No. 2) Order 2009". Archived from the original on 19 January 2022. Retrieved 20 May 2022– via legislation.gov.uk.
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