Constitution of The BahamasIn briefAllows a qualified person to be appointed to act as President of the Court of Appeal or as a Justice of Appeal when needed.
If the office of President of the Court of Appeal is vacant or if the President of the Court of Appeal is for any reason unable to perform the functions of this office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the President of the Court of Appeal has resumed those functions, they shall be performed by such other person, qualified under paragraph (2) of Article 99 of this Constitution for appointment as a Justice of Appeal, as the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint for that purpose by instrument under the Public Seal.
If the office of President of the Court of Appeal is vacant, or the President is for any reason unable to do the job, another person performs the President's duties until someone has been appointed to that office and has taken up its duties or, as the case may be, until the President has resumed those duties. The Governor-General, acting on the advice of the Prime Minister, appoints that person for this purpose by instrument (a formal written document) under the Public Seal. The person must be qualified under Article 99(2) of this Constitution for appointment as a Justice of Appeal.
If the office of a Justice of Appeal (other than the President) is vacant, or if any such Justice is appointed to act as President of the Court of Appeal, or is for any reason unable to perform the functions of his office, the Governor- General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (2) of Article 99 of this Constitution for appointed shall, period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.
If the office of a Justice of Appeal (other than the President) is vacant, or a Justice of Appeal is appointed to act as President of the Court of Appeal, or a Justice of Appeal is for any reason unable to do the job, the Governor-General may appoint a person qualified under Article 99(2) of this Constitution for appointment as a Justice of Appeal to act as a Justice of Appeal. The Governor-General does this by instrument under the Public Seal, acting on the advice of the Judicial and Legal Service Commission. Subject to Article 102(5) of this Constitution, a person appointed this way continues to act for the period of the appointment or, if no period is set, until the Governor-General, acting on the advice of the Judicial and Legal Service Commission, revokes (cancels) the appointment.
Any person appointed to act as a Justice of Appeal under the provisions of this Article may notwithstanding that the period of this appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.
A person appointed to act as a Justice of Appeal under this Article may still sit as a Justice to deliver judgment or do anything else connected with proceedings that began before them while they were acting, even though the period of their appointment has ended or the appointment has been revoked.