SUPREME COURT ACT 1935 - SECT 47
SUPREME COURT ACT 1935 - SECT 47
(1) If—
(a) the
Chief Justice and the President agree that—
(i)
the Court of Appeal needs an acting judge and that a
judge, or acting judge, in the General Division could be available to act as a
judge in the Court of Appeal for a suitable period; or
(ii)
the General Division needs an acting judge and that the
President or another judge, or acting judge, in the Court of Appeal could be
available to act as a judge in the General Division for a suitable period; and
(b) the
particular judge or acting judge agrees to undertake such acting duties,
the Chief Justice may, by instrument in writing, authorise the judge to
undertake such acting duties for a period specified in the instrument of
appointment.
(2) Subject to
subsections (3) and (4), a judge may not be appointed to act in
another division of the court in accordance with this section for a period
exceeding 12 months.
(3) A judge who has
been appointed to act in another division of the court under this section for
a period of 12 months may, if the Attorney-General consents, be
reappointed for a further period not exceeding 12 months.
(4) A judge appointed
to act in another division of the court under this section may, despite the
expiration of the period of the acting appointment, complete the hearing of
any proceedings part-heard by the judge before the expiration of that period
and, in relation to any such proceedings, will be deemed to continue as an
acting judge in that division of the court.