sec.39Additional judges of appeal

### sec.39 Additional judges of appeal If a judge of appeal is on leave, or otherwise absent, or is, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a judge to act as an additional judge of appeal for such period (not longer than 6 months) as is specified in the commission. A judge who is willing to act as an additional judge of appeal for a particular period, or for the purposes of a particular proceeding, may so act if the Chief Justice directs it. While a judge is acting as a judge of appeal— the judge has all the powers and functions of a judge of appeal; and this Act and other Acts apply to the judge as if the judge were a judge of appeal. The fact that a judge sits and otherwise acts as an additional judge of appeal is sufficient evidence of the judge’s authority to do so. Anything done by or in relation to a judge while the judge is purporting to act as judge of appeal is not invalid merely because the occasion for the judge to act had not arisen or had ceased. A judge who has acted as an additional judge of appeal may attend sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the Court of Appeal while the judge was acting, despite the fact that the judge is no longer a judge of appeal. s 39 amd 1997 No. 38 s 122 (sec.39-ssec.1) If a judge of appeal is on leave, or otherwise absent, or is, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a judge to act as an additional judge of appeal for such period (not longer than 6 months) as is specified in the commission. (sec.39-ssec.2) A judge who is willing to act as an additional judge of appeal for a particular period, or for the purposes of a particular proceeding, may so act if the Chief Justice directs it. (sec.39-ssec.3) While a judge is acting as a judge of appeal— the judge has all the powers and functions of a judge of appeal; and this Act and other Acts apply to the judge as if the judge were a judge of appeal. (sec.39-ssec.4) The fact that a judge sits and otherwise acts as an additional judge of appeal is sufficient evidence of the judge’s authority to do so. (sec.39-ssec.5) Anything done by or in relation to a judge while the judge is purporting to act as judge of appeal is not invalid merely because the occasion for the judge to act had not arisen or had ceased. (sec.39-ssec.6) A judge who has acted as an additional judge of appeal may attend sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the Court of Appeal while the judge was acting, despite the fact that the judge is no longer a judge of appeal. - (a) the judge has all the powers and functions of a judge of appeal; and - (b) this Act and other Acts apply to the judge as if the judge were a judge of appeal.