Changes in composition

1 This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue. 2 The presiding judge may direct that the Court is still duly constituted in the proceedings. 3 The presiding judge may give a direction under this section only if— a the parties agree; b the Court still consists of at least three judges (whether the number of judges is even or uneven); c at least half of those judges are permanent judges. 4 Subsections (2) and (3) are subject to directions given by the President of the Court. 5 If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42. 6 In this section— a “ presiding judge ” means the judge who is to preside, or is presiding, over proceedings; b references to permanent judges have the same meaning as in section 42.