_(scotland)_act_2006.gif)
Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006
Encyclopedia
The Senior Judiciary (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, and received Royal Assent
on 27 June 2006.
The act was superseded by the Judiciary and Courts (Scotland) Act 2008 before it could be invoked and it was repealed when the 2008 act came into force on 1 June 2009.
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.
Arthur Hamilton, Lord Hamilton
Arthur Campbell Hamilton, Lord Hamilton, PC , is Scotland's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session in November 2005, succeeding Lord Cullen.-Early life:...
, the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
. The Bill was introduced on 13 June 2006 by Cathy Jamieson
Cathy Jamieson
Catherine Mary "Cathy" Jamieson is a UK Labour party politician and the Member of Parliament for Kilmarnock & Loudoun. She has previously been Deputy Leader and Acting Leader of the Scottish Labour Party, former Minister for Justice in the Scottish Executive, and Labour Co-operative Member of the...
, then Minister for Justice, and received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 27 June 2006.
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
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
being disrupted by the absence of Scotland's two most senior judges (the Lord President
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
and the Lord Justice Clerk
Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.The holder has the title in both the Court of Session and the High Court of Justiciary and is in charge of the Second Division of Judges in the Court of Session...
). 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
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
of the Court of Session, including the Lord Justice Clerk, certify through a written declaration to the First Minister
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
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.