sec.25Temporary judicial office holders

### sec.25 Temporary judicial office holders When— the office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person’s office; the next most senior judge, who is willing, is to act in the office. When the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is on leave or otherwise absent or is, for any other reason, unable to perform all of the ordinary functions of the person’s office, the next most senior judge, who is willing, is to perform the functions of the office that the person is unable to perform. While a judge is performing functions of a more senior judicial office, then, to the extent necessary— the judge has all the powers and functions of the office; and this Act and other Acts apply to the judge as if the judge were the holder of the office. The same applies if a judge is acting in a more senior judicial office— Acts Interpretation Act 1954 , section 24B (8) . The fact that a judge acts in, or performs functions of, a more senior judicial office is sufficient evidence of the judge’s authority to do so. Anything done by a judge in purporting to act in, or perform functions of, a more senior judicial office is not invalid merely because the occasion for the judge to act in, or perform functions of, the office had not arisen or had ceased. s 25 prev s 25 om 2001 No. 80 s 94 sch 2 pres s 25 ins 2011 No. 45 s 181 (sec.25-ssec.1) When— the office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person’s office; the next most senior judge, who is willing, is to act in the office. (sec.25-ssec.2) When the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is on leave or otherwise absent or is, for any other reason, unable to perform all of the ordinary functions of the person’s office, the next most senior judge, who is willing, is to perform the functions of the office that the person is unable to perform. (sec.25-ssec.3) While a judge is performing functions of a more senior judicial office, then, to the extent necessary— the judge has all the powers and functions of the office; and this Act and other Acts apply to the judge as if the judge were the holder of the office. The same applies if a judge is acting in a more senior judicial office— Acts Interpretation Act 1954 , section 24B (8) . (sec.25-ssec.4) The fact that a judge acts in, or performs functions of, a more senior judicial office is sufficient evidence of the judge’s authority to do so. (sec.25-ssec.5) Anything done by a judge in purporting to act in, or perform functions of, a more senior judicial office is not invalid merely because the occasion for the judge to act in, or perform functions of, the office had not arisen or had ceased. - (a) the office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or - (b) the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person’s office; - (a) the judge has all the powers and functions of the office; and - (b) this Act and other Acts apply to the judge as if the judge were the holder of the office.