Acting Justices of Appeal

(1) If, by reason of a vacancy of office, or by reason of the operation of section 107 , there are less than three serving Justices of Appeal, then the President may, on the recommendation of the Judicial Service Commission, appoint judges of the High Court, to serve as Acting Justices of Appeal. (2) An Acting Justice of Appeal shall hold that office only until such time as he or she is appointed Chief Justice or Justice of Appeal in accordance with section 111 , but he or she shall cease to serve as a Justice of Appeal if— (a) there are more than three serving Justices of Appeal, either by reason of a vacancy or vacancies being filled in accordance with section 111 or where such Justices of Appeal or Acting Justices of Appeal as have been excused from serving on the Supreme Court are able to resume their duties in accordance with section 107 ; (b) he or she is excused from his or her duties as a Justice of Appeal or an Acting Justice of Appeal in accordance with section 107 .