Article 36 Waiting members

(1)

When the court administration officer specifies the lay members for any proceedings to which rule 35 applies, he shall at the same time specify a person (referred to in these Rules as a “waiting member”) to take the place of any lay member who may be discharged under rule 35(4).

(2)

Where a lay member is discharged under rule 35(4), and rule 34(9) (no member qualified to be president of the board) does not apply, the waiting member shall become a lay member.

(3)

Where the court administration officer specifies a waiting member, he shall specify a second waiting member if a judge advocate so directs.

(4)

A second waiting member may be specified at any time before the commencement of the proceedings.

(5)

Where two waiting members have been specified and paragraph (2) applies, the reference in that paragraph to the waiting member is to the senior waiting member.

(6)

Where—

(a)

two waiting members have been specified,

(b)

two lay members are discharged under rule 35(4), and

(c)

rule 34(9) does not apply,

both the waiting members shall become lay members.

(7)

Rule 35(2) to (4) (objections) apply in relation to a waiting member who becomes a lay member by virtue of this rule.