sec.31Constitution of court if 1 judge of appeal unable to continue

### sec.31 Constitution of court if 1 judge of appeal unable to continue If— after the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and 1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined; the hearing and determination of the proceeding may be finished by the remaining judges if at least 2 judges remain. A judge is certified as incapable of sitting if the Chief Justice or the President of the Court of Appeal has issued a certificate stating that the judge is incapable of sitting whether temporarily or otherwise. The Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted. Any question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal constituted under this section has the same force and effect, as if the court were not constituted under this section. s 31 amd 2005 No. 70 s 162 ; 2011 No. 45 s 183 (sec.31-ssec.1) If— after the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and 1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined; the hearing and determination of the proceeding may be finished by the remaining judges if at least 2 judges remain. (sec.31-ssec.2) A judge is certified as incapable of sitting if the Chief Justice or the President of the Court of Appeal has issued a certificate stating that the judge is incapable of sitting whether temporarily or otherwise. (sec.31-ssec.3) The Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted. (sec.31-ssec.4) Any question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal constituted under this section has the same force and effect, as if the court were not constituted under this section. - (a) after the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and - (b) 1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined;