Composition

1 The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met— a the Court consists of an uneven number of judges; b the Court consists of at least three judges; c more than half of those judges are permanent judges. 2 Paragraphs (a) and (b) of subsection (1) are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three. 3 Paragraph (b) of subsection (1) is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three. 4 This section is subject to section 43. 5 In this section— a “ directions ” means directions given by the President of the Court; b “ specified ”, in relation to directions, means specified in those directions; c references to permanent judges are references to those judges of the Court who are not acting judges under section 38. 6 This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.