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

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The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 is an Act of the Scottish Parliament passed in response to the incapacity of Arthur Hamilton, Lord Hamilton the Lord President of the Court of Session.

It is intended to ensure that there is no disruption to the orderly conduct of business in the courts and in those areas of public administration in which the two most senior judges in Scotland (the Lord President and the Lord Justice Clerk) have functions, during such time as those judges are incapacitated owing to ill health or either of the offices is vacant

It allows five senior judges in the Inner House of the Court of Session to certify, through a written declaration, that the Lord President is incapacited and thus transfer his duties to the second most senior judge, the Lord Justice Clerk.

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 has not yet had to be invoked.