Judicial Service Act 2007

Link to law: http://www.gibraltarlaws.gov.gi/articles/2007-26o.pdf
Published: 2007-07-05

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I ASSENT Judicial Service
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26


JUDICIAL SERVICE ACT 2007

Principal Act

Act. No. 2007-26 Commencement (LN. 2007/097) 5.7.2007
Assent 27.6.2007




Amending
enactments
Relevant current
provisions
Commencement
date

Act. 2016-03 ss. 6, 24(1)(a), 24(6)(b), 32(1),
33(2)(aa), 37(1)(ii)(ba), (d), (3),
40(1)(ba)


24.3.2016 1


English sources:
None cited

EU Legislation/International Agreements involved:

1 Commencement notice 2016/061
Judicial Service
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ARRANGEMENT OF SECTIONS

Section

PART 1
Preliminary

1. Title and Commencement.
2. Interpretation.

PART 2
The Rule of Law and Judicial Independence

3. The rule of law.
4. Guarantee of continued judicial independence.
5. Representations to Parliament and to the Government.
6. Head of the Judiciary.
7. Minister’s Oath.
8. Staff, Accommodation and other Resources.

PART 3
Judicial Service Commission

9. Appointed Members.
10. Removal of Appointed Members.
11. Defects in appointments not to invalidate proceedings.
12. Secretary to Commission and other support.
13. Expenses.
14. Functioning of Commission.
15. Communications to be privileged.
16. Powers of Commission to conduct examinations and appoint boards.
17. Protection of members.
18. False information.
19. Publication and disclosure of information.
20. Attorney-General’s fiat.

PART 4
Appointments to Judicial Offices

21. Appointments to judicial offices: Commission to advise.
22. Merit and good character.
23. Guidance about procedures.
24. Guidance: supplementary.
25. Filling vacancies.
26. Request for selection.
27. Selection process.
28. Report.
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29. The Governor’s Options.
30. Recommendation following Rejection.
31. Withdrawal and modification of requests.

PART 5
Judicial Conduct and Discipline

32. Code of judicial conduct and ethics.
33. Termination of office and discipline of junior judicial officers:
Commission to advise the Governor.
34. The Governor’s Options.
35. Removal from junior judicial office : Grounds.
36. Removal from senior judicial office : advice of Commission.
37. Disciplinary Powers.
38. Disciplinary powers: interpretation.
39. Regulations about procedures.
40. Contents of regulations.
41. Prejudice to Her Majesty’s Service.

PART 6

42. Other matters upon which Commission shall advise Governor.

SCHEDULE

Judicial Service
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Judicial Service
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2007-26
AN ACT TO MAKE PROVISION FOR JUDICIAL SERVICE, TO
ENSHRINE THE INDEPENDENCE OF THE JUDICIARY, TO PROVIDE
FOR RESOURCES FOR THE COURTS, TO MAKE PROVISIONS
RELATING TO THE JUDICIAL SERVICE COMMISSION, FOR THE
GROUNDS UPON WHICH CERTAIN MEMBERS OF THE JUDICIARY
MAY BE REMOVED FROM OFFICE, FOR THE ESTABLISHMENT OF
A CODE OF JUDICIAL CONDUCT AND ETHICS AND FOR
DISCIPLINARY MATTERS RELATING TO THE JUDICIARY, AND
FOR RELATED MATTERS.


PART 1
Preliminary

Title and Commencement.

1. This Act may be cited as the Judicial Service Act 2007 and comes into
operation on a day to be appointed by the Government by notice in the
Gazette and different days may be so appointed for different parts or
sections.

Interpretation.

2. In this Act, unless the context otherwise requires–

“appointed member” means a member of the Commission appointed
under section 57(1)(d) or (e) of the Constitution;

“Chairman” means the chairman of the Commission as provided in
section 57(1) of the Constitution;

“Code” means the code of judicial conduct and ethics established in
accordance with section 32.

“Commission” means the Judicial Service Commission established by
section 57 of the Constitution;

“Constitution” means the Constitution set out in Annex I to the Gibraltar
Constitution Order 2006.

“judicial office” means any senior judicial office, junior judicial office
and any other judicial office;

“junior judicial office” means any office referred to in section 57(2)(b) of
the Constitution, namely Stipendiary Magistrate, Justice of the
Peace, and Registrar of the Supreme Court;

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“member” means a member of the Commission as provided in section
57(1) of the Constitution;

“Minister” means the Minister with responsibility for Justice.

“other judicial office” means a judicial office, other than a Senior Judicial
Office and a Junior Judicial Office, specified in the Schedule.

“secretary” means the secretary to the Commission appointed under
section 12.

“senior judicial office” means any office referred to in section 57(2)(a) of
the Constitution, namely the Chief Justice, Puisne Judge, President
of the Court of Appeal and Justice of Appeal.


PART 2
The Rule of Law and Judicial Independence

The rule of law.

3. This Act does not adversely affect–

(a) the constitutional principle of the rule of law;

(b) the constitutional role of any person in relation to that
principle.

Guarantee of continued judicial independence.

4.(1) The Minister, other Ministers and all with responsibility for matters
relating to the judiciary or otherwise to the administration of justice must
uphold the continued independence of the judiciary.

(2) The following particular duties are imposed for the purpose of
upholding that independence.

(3) The Minister, other Ministers and all with responsibility for matters
relating to the judiciary or otherwise for the administration of justice must
not seek to influence particular judicial decisions through any special access
to the judiciary or otherwise.

(4) The Minister, other Ministers and all with responsibility for matters
relating to the judiciary must have regard to–

(a) the need to defend that independence;

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(b) the need for the judiciary to have the support necessary to
enable them to exercise their functions;

(c) the need for the public interest in regard to matters relating to
the judiciary or otherwise to the administration of justice to be
properly represented in decisions affecting those matters.

(5) In this section “the judiciary” includes the judiciary of any of the
following–

(a) Her Majesty in Council;

(b) The Court of Appeal;

(c) The Supreme Court;

(d) The Magistrates’ Court;

(e) The Coroner’s Court;

(f) Any other Court established under the law of Gibraltar or under
any law applicable to Gibraltar;

(g) Any international court.

(6) In subsection (5) “international court” means the International Court of
Justice or any other court or tribunal which exercises jurisdiction, or
performs functions of a judicial nature, in pursuance of–

(a) an agreement to which the United Kingdom or Her Majesty’s
Government in the United Kingdom is a party and the
application of which has been extended to or extends to
Gibraltar; or

(b) a resolution of the Security Council or General Assembly of the
United Nations.

Representations to Parliament and to the Government.

5.(1) The President of the Court of Appeal and the Chief Justice may in the
manner specified in subsection (2) below lay before Parliament written
representations on matters that appear to them, or either of them, to be
matters of importance relating to the Judiciary, or otherwise to the
administration of justice in Gibraltar.

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(2) The manner referred to in subsection (1) is that such written
representations shall be sent to the Minister who shall lay them before the
Parliament at its next meeting following their receipt by him.

(3) The President of the Court of Appeal and the Chief Justice may make
representations to the Minister and the Government on matters that appear
to them, or either of them, to be matters of importance relating to the
Judiciary, or otherwise to the administration of justice in Gibraltar.

Head of the Judiciary.

6.(1) The Chief Justice shall be the Head of the Judiciary in Gibraltar and
shall have overall responsibility–

(a) for representing the views of the judiciary of Gibraltar to
Parliament, to the Minister and to the Government generally;

(b) for the maintenance of appropriate arrangements for the
welfare, training and guidance of the judiciary of Gibraltar
within the resources made available by the Government; and

(c) for the maintenance of appropriate arrangements for the
allocation of work within the Supreme Court and lower courts.

(d) in consultation with the President of the Court of Appeal, for
the maintenance of appropriate arrangements for the allocation
of work within the Court of Appeal.

(2) In addition to the jurisdiction given to the Chief Justice by the
Constitution of Gibraltar as Head of the Judiciary he may sit in the
Magistrates’ Court and the Coroner’s Court.

Minister’s Oath.

7.(1) The oath set out –

(a) in subsection (2) ; or

(b) subsection (3),

as the case may be, shall be tendered to and taken by the Minister at the first
Meeting of Parliament in which he is present after his appointment as
Minister with responsibility for justice.

(2) The oath referred to in subsection (1)(a) is–

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“I, , do swear that in the
office of Minister with responsibility for Justice, I will respect
the rule of law, defend the independence of the judiciary and
discharge my duty to ensure the provision of resources for the
efficient and effective support of the courts for which I am
responsible, so help me God”.

(3) The oath referred to in subsection (1)(b) is

“I, , do affirm that in the
office of Minister with responsibility for Justice, I will respect
the rule of law, defend the independence of the judiciary and
discharge my duty to ensure the provision of resources for the
efficient and effective support of the courts for which I am
responsible”.

(4) The oath in subsection (2) or (3) shall be administered by the Speaker.

Staff, Accommodation and other Resources.

8.(1) The Minister must ensure that the Courts are provided with such court
houses, offices, other accommodation, staff and other resources as the
Minister thinks are appropriate for the Courts to carry on their business.

(2) In this section “court-house” means any place where the courts sit,
including the precincts of any building in which it sits.


PART 3
Judicial Service Commission

Appointed Members.

9.(1) At least one of the appointed members shall be a person who is
qualified to practise as a barrister or solicitor in Gibraltar and who has been
so qualified for at least fifteen years.

(2) Each appointed member shall be appointed for a period of three years,
and may be re-appointed.

Removal of Appointed Members.

10.(1) A person who is appointed by virtue of an office, post or
qualification that he holds shall cease to be an appointed member upon
ceasing to hold that office, post or qualification.
(2) An appointed member may at any time–
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(a) resign his office by notice in writing addressed to the Governor
and to the Minister;

(b) be removed from office by the Governor acting on the advice
of the Specified Appointments Commission established by
section 56 of the Constitution.

(3) The Specified Appointments Commission may not under sub-section
(2)(b) advise that an appointed member be removed from office unless it is
satisfied that the appointed member–

(a) has failed without reasonable excuse to discharge the functions
of his office for a continuous period of at least six months;

(b) has been convicted of an offence;

(c) is an undischarged bankrupt, or

(d) is otherwise unfit to hold his office or unable to discharge its
functions.

provided that advice under sub-paragraph (a) may not be tendered more than
3 months after the end of the period mentioned there.

Defects in appointments not to invalidate proceedings.

11. The validity of the proceedings of the Commission shall not be affected
by any defect in the appointment of a member.

Secretary to Commission and other support.

12.(1) The Chief Secretary may designate any public officer or other person
to be the secretary to the Commission.

(2) No person appointed under subsection (1) shall–

(a) be a member of the Commission; or

(b) participate in the proceedings of the Commission or vote on
any question that is subject matter of its deliberations.

(3) The Chief Secretary shall provide to the Commission such other
logistical and administrative support as it may require to discharge its
functions.

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(4) In relation to the administration of its functions relating to recruitment
the Commission shall act through the Governments’ Human Resources
Manager.

Expenses.

13. The expenses incurred by the Commission in the discharge of its
functions shall be payable by the Government out of the Consolidated Fund.

Functioning of Commission.

14.(1) No meeting of the Commission shall take place unless at least ten
days’ notice of the meeting has been given to all members.

(2) If the Chairman certifies that the business to be undertaken is urgent
and cannot reasonably in the public interest wait ten days then he may
abridge the period of notice specified in subsection (1) to not less than five
days.

(3) If the Chairman is unable to attend any meeting of the Commission,
the Chief Justice shall act as Chairman for that meeting, and in his absence
the members present shall select a chairman for that meeting.

(4) The Commission may use teleconference facilities for the purpose of
its meetings, provided that all members participating in a meeting using
such facilities are able to hear and be heard throughout the proceedings.

(5) The Commission may establish a procedure for taking decisions
without a meeting, provided that any such procedure includes the
requirements that–

(a) no such decision shall be taken if at least two members object
to the proposed decision being taken without a meeting; and

(b) all documents and information relevant to the proposed
decision have been circulated to all members and received by
them at least three days before the decision is taken.

(6) Notwithstanding any other provision of this Act unless at least one of
the President of the Court of Appeal and Chief Justice is present at a
meeting of the Commission, then that meeting shall stand adjourned to the
same time and place seven working days later, and such reconvened meeting
may then proceed regardless of the provisions of this subsection provided it
is otherwise quorate.

(7) A quorum of four members must be present at every meeting of the
Commission.
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Communications to be privileged.

15. No person shall in any legal proceedings be permitted or compelled to
produce or disclose any communication, written or oral, that has taken
place–

(a) between the Commission, or any member, or the secretary, and
the Governor, the Government, a Minister, a Secretary of State,
or a public officer; or

(b) between any persons who are members or the secretary in
exercise of or in connection with the exercise of their
functions, unless the Governor and the Minister, acting after
consultation with the Chairman, consent in writing to such
production or disclosure.

Powers of Commission to conduct examinations and appoint boards.

16.(1) The Commission may conduct such examinations, interviews and
investigations, and appoint such selection or other boards as it may consider
necessary for the proper discharge of its functions.

(2) Only members of the Commission may be members of a board.
(3) The Commission may delegate to any board any of the functions of the
Commission relating to the examination or interview of or investigation of
any circumstances affecting candidates for appointment, promotion,
disciplinary matter or termination of any appointment of any member of the
Judiciary.

Protection of members.

17. Every member shall have such and the like protection and privileges, in
case of any action or suit brought against him for any act done or omitted to
be done in the execution of his duties under the Constitution or this Act, as
is by law given to any magistrate acting in the exercise of his office.

False information.

18. A person who, in connection with an application by himself or any other
person for appointment to a judicial office or in connection with any other
matter upon which it is the duty of the Commission to advise the Governor,
wilfully gives to the Commission or to any member any information which
is false or misleading in any material particular is guilty of an offence and is
liable on conviction to imprisonment for two years and to a fine at level 3 on
the standard scale.
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Publication and disclosure of information.

19.(1) No member nor any other person shall without the consent in writing
of the Governor and the Minister, acting after consultation with the
Chairman, publish or disclose to any unauthorised person or otherwise than
in the course of duty the contents or any part of the contents of any
document, communication or information whatsoever which has come to his
knowledge in the course of his duties under the Constitution or this Act, and
a person who knowingly acts in contravention of this subsection is guilty of
an offence and is liable on conviction to imprisonment for one year and to a
fine at level 2 of the standard scale.

(2) A person who, having possession of any information which to his
knowledge has been published or disclosed in contravention of subsection
(1), publishes or communicates to any other person any such information,
otherwise than for the purpose of any prosecution under this Act or in the
course of his duty, is guilty of an offence and is liable to conviction to
imprisonment for one year and to a fine at level 2 on the standard scale.

Attorney-General’s fiat.

20. A prosecution in respect of any offence against this Act shall not be
instituted except by, or with the consent of, the Attorney-General.


PART 4
Appointments to Judicial Offices

Appointments to judicial offices: Commission to advise.

21. The Commission shall advise the Governor upon the making and
confirming of appointments to judicial offices.

Merit and good character.

22.(1) Subsections (2) and (3) apply to any recommendation under this Part
by the Commission.

(2) Selection for recommendation must be solely on merit.

(3) A person must not be selected for recommendation unless the
Commission is satisfied that he is of good character.

Guidance about procedures.

23.(1) The Minister may issue guidance about procedures for the
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performance by the Commission of its functions of–

(a) identifying persons willing to be considered for selection, and

(b) assessing such persons for the purposes of selection.
(2) The guidance may, among other things, relate to consultation or other
steps in determining such procedures.

Guidance: supplementary.

24.(1) Before issuing any guidance the Minister must–

(a) consult the Chief Justice and the President of the Court of
Appeal;

(b) after doing so, lay a draft of the proposed guidance in the
Parliament.

(2) If the draft is approved by a resolution of the Parliament within the
period of 40 days the Minister must issue the guidance in the form of the
draft.

(3) In any other case the Minister must take no further steps in relation to
the proposed guidance.

(4) Subsection (3) does not prevent a new draft of the proposed guidance
from being laid before the Parliament after consultation as aforesaid.

(5) The guidance comes into force on such date as the Minister may
appoint by order.

(6) The Minister may–

(a) from time to time revise the whole or part of any guidance and
re-issue it;

(b) after consulting the Chief Justice and the President of the Court
of Appeal by order revoke any guidance.

(7) In this section “guidance” means guidance issued by the Minister
under section 23 and includes guidance which has been revised and re-
issued.

Filling vacancies.

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25. Any vacancy in a senior judicial office shall be filled as soon as may be
practicable.

Request for selection.

26. The Governor, after consultation with the Minister, may make a request
to the Commission for a person to be selected for a recommendation to fill a
vacancy in the following circumstances–

(a) when a new post has been created;

(b) when it is anticipated that a vacancy will arise through the
forthcoming retirement or resignation of a judicial office
holder;

(c) when a judicial office holder is to be appointed on a temporary
basis or acting basis;

(d) when a judicial office is vacant;

(e) otherwise when it appears to the Minister appropriate.

Selection process.

27.(1) Upon the existence of a vacancy or the receiving of a request for
selection the Commission must appoint a selection panel (a panel).

(2) A panel may comprise the Commission or a board appointed by it
under section 16.

(3) The panel must–

(a) determine the selection process to be applied;

(b) apply the selection process, and

(c) make a selection or selections for a recommendation
accordingly.

(4) More than one person, in order of preference, may be selected.

Report.

28.(1) After complying with section 27(3) the Commission must submit a
report to the Governor and to the Minister.

(2) The report must–
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(a) state who has been selected for recommendation;

(b) contain any other information required by the Governor.

(3) The report may name only one person as selected for recommendation
for a post.

(4) After submitting the report the Commission must provide any further
information the Governor or the Minister may request.

The Governor’s Options.

29. Upon receipt of the Report containing the Commission’s
recommendation the Governor must do one of the following–

(a) accept the recommendation and appoint the person
recommended by the Commission;

(b) reject the recommendation in accordance with section 57(3) of
the Constitution and require the Commission to make another
recommendation.

Recommendation following Rejection.

30.(1) In the event of the Governor rejecting the Commission’s
recommendation under section 57(3) of the Constitution the Commission
may report to the Governor on the next selection (if any) made by it in
accordance with section 27(4) above, failing which the Commission shall
repeat the selection process.

(2) If the Governor rejects a recommendation under section 57(3) of the
Constitution, the Commission may not select the person rejected.

Withdrawal and modification of requests.

31. The Governor, following consultation with the Minister may withdraw
or modify a request under section 26.


PART 5
Judicial Conduct and Discipline

Code of judicial conduct and ethics.

32.(1) The Chief Justice in consultation with the President of the Court of
Appeal and the Chairman of the Bar Council shall draw up and propose to
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the Commission a draft of a Code of judicial conduct and ethics for
application to persons holding or acting in any judicial office in Gibraltar,
and may from time to time propose modifications of any such Code.

(2) The Commission shall consider the draft Code and any proposed
modifications to a Code and, after amending or modifying it as it shall
consider appropriate, shall adopt it subject to subsection (5) below.

(3) Upon adopting the draft Code or any modification of a Code, the
Commission shall deliver it to the Minister.

(4) The Minister shall, upon receipt by him of the Code or any proposed
modification thereof lay the same in the Parliament within 30 days or at the
next sitting of the Parliament after the expiration of such 30 day period and
shall move a motion inviting the Parliament to consider and approve such
draft Code.

(5) If the Parliament approves such draft Code it will become effective
seven working days thereafter and the Minister shall cause a copy of such
Code to be published in the Gazette as soon as is practicable.

(6) In considering its advice to the Governor as regards any disciplinary
matter relating to any person holding a judicial office, the Commission shall
have full regard to any Code for the time being applicable to that person.

Termination of office and discipline of junior judicial officers:
Commission to advise the Governor.

33.(1) Subject to the provisions of section 35, the Commission shall advise
the Governor in relation to the termination of appointment and any
disciplinary matter relating to any junior judicial office holder.

(2) Upon receipt of any formal complaint or allegation to which it attaches
credibility about the misbehaviour of a junior judicial office holder or his
inability to discharge the functions of his office or upon its own motion for
good and sufficient cause the Commission must–

(a) determine the disciplinary process to be applied;

(aa) make a determination as to whether a recommendation that the
officer be suspended pending the outcome of disciplinary
proceedings should be made to the Governor in accordance
with section 37(1)(ii)(ba);

(b) apply the disciplinary process, and

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(c) make a determination for a recommendation, including a
sanction.

(3) Upon making a determination under subsection (2) above the
Commission must submit a report to the Governor and the Minister.

(4) The report must–

(a) state the determination of the Commission including its
recommendation as to the sanction;

(b) contain any other information required by the Governor or the
Minister.

(5) After submitting the report the Commission must provide any further
information the Governor or the Minister may request.

The Governor’s Options.

34. Upon receipt of the Report containing the determination and
recommendation of the Commission the Governor must do one of the
following–

(a) accept the determination and recommendation of the
Commission and apply the sanction advised by it;

(b) reject the determination of the Commission and/or the sanction
advised by it in whole or in part in accordance with section
57(3) of the Constitution and, if it seems to the Governor
appropriate, request the Commission to reconsider the matter.

Removal from junior judicial office : Grounds.

35. A person holding a junior judicial office may only be removed from
office for inability to discharge the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for misbehaviour, and
accordingly the Commission shall not advise the Governor to terminate the
appointment of any such person on any other ground.

Removal from senior judicial office : advice of Commission.
36.(1) The Commission shall not advise the Governor to remove from
office the holder of a senior judicial office.

(2) The Commission shall advise the Governor whether the question of
removing the holder of a senior judicial office from office for inability to
discharge the functions of his office (whether arising from infirmity of body
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or mind or any other cause) or for misbehaviour should be referred to a
tribunal in accordance with section 64(4) of the Constitution, and if so,
whether the senior judicial office holder should be suspended from
performing the functions of his office upon such reference.

(3) In any case where the holder of a senior judicial office has been
suspended from performing the functions of his office under section 64 (6)
of the Constitution the Commission shall advise the Governor whether the
suspension should be revoked.

Disciplinary Powers.

37.(1) The Governor, acting on the advice of the Commission may–

(i) give a junior judicial office holder formal advice, or a formal
warning or reprimand, for disciplinary purposes;

(ii) suspend a person from a junior judicial office for any period
during which any of the following applies–

(a) the person is subject to criminal proceedings;

(b) the person is serving a sentence imposed in criminal
proceedings;

(ba) the person is subject to disciplinary proceedings under
this Act;

(c) the person has been convicted of a criminal offence;

(iii) terminate the appointment and remove from office a person
holding a junior judicial office.

(2) While a person is suspended under this section from any judicial office
he may not perform any of the functions of the office (but his other rights as
holder of the office are not affected).

(3) The President of the Court of Appeal, acting after consultation with the
Judicial Service Commission, may exercise the powers set out in subsection
(1)(i) and (ii) in relation to the holder of a senior judicial office.

Disciplinary powers: interpretation.

38.(1) This section has effect for the purpose of section 37.

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(2) A person is subject to criminal proceedings if in Gibraltar or in any
part of the United Kingdom proceedings against him for an offence have
been begun and have not come to an end.

(3) “Sentence” includes any sentence other than a fine (and “serving” is to
be read accordingly).

Regulations about procedures.

39. The Commission may, with the agreement of the Minister, make
regulations providing for the procedures that are to be followed in the
investigation and determination of allegations by any person of misconduct
by judicial office holders.

Contents of regulations.

40.(1) Regulations under section 39 may include provision as to any of the
following–

(a) circumstances in which an investigation must or may be
undertaken (on the making of a complaint or otherwise);

(b) steps to be taken by a complainant before a complaint is to be
investigated;

(ba) circumstances where the office holder may be suspended from
office pending the outcome of disciplinary proceedings and the
steps to be taken and procedures to be followed in making such
a suspension;

(c) the conduct of an investigation, including steps to be taken by
the office holder under investigation or by a complainant or
other person;

(d) time limits for taking any step and procedures for extending
time;

(e) persons by whom an investigation or part of an investigation is
to be conducted;

(f) matters to be determined by the Commission, the Governor, the
Minister, office holder under investigation or any other person;

(g) requirements as to records of investigations;

(h) requirements as to confidentiality of communications or
proceedings;
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(i) requirements as to the publications of information or its
provision to any person.

(2) Where regulations under section 39 impose any requirement on the
office holder under investigation or on a complainant, a person contravening
the requirement does not incur liability other than liability to such
procedural penalty if any (which may include the suspension or dismissal of
a complaint) as may be prescribed by the regulations,

Prejudice to Her Majesty’s Service.

41. It is hereby declared for the avoidance of doubt that if the Governor
rejects the advice of the Commission pursuant to the power conferred on
him by section 57(3) of the Constitution he may not proceed in the matter
without the further advice of the Commission.


PART 6

Other matters upon which Commission shall advise Governor.

42.(1) The Commission shall advise the Governor in relation to the matters
specified in the following sections of the Constitution–

(a) 63(1) (Acting Chief Justice);

(b) 63(2) (Acting judges);

(c) 63(3) (Acting President of the Court of Appeal)

(d) 63(4) (Acting Justice of Appeal) and

(e) 63(5) (continuation and terms of Acting Judge of Supreme
Court or Court of Appeal);

(f) Section 64(1)(c) (sitting after vacating offices);

(2) The Commission shall tender advice on the matters referred to in
subsection (1) at the request of the Governor or the Minister or upon its own
motion.
Judicial Service
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26

SCHEDULE

Section 2

Judicial Offices to which this Act applies which are not referred to in
sections 57(2)(a) and 57(2)(b) of the Constitution–

(a) Registrar of the Court of Appeal.

(b) Coroner.

(c) Deputy Coroner

(d) Such other judicial or quasi – judicial offices as the Minister
may specify by notice in the Gazette