{
  "url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-86",
  "json_url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-86.json",
  "legislation": "uksi/2009/1751",
  "legislation_title": "The St Helena, Ascension and Tristan da Cunha Constitution Order 2009",
  "legislation_url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009",
  "path": "schedule/paragraph/86",
  "kind": "paragraph",
  "number": "86",
  "heading": "Constitution of Court of Appeal",
  "text": "(1) There shall be a Court of Appeal for St Helena which shall be a superior court of record.\n(2) The judges of the Court of Appeal shall be the President, and two or more Justices of Appeal.\n(3) A person shall be qualified for appointment as the President or a Justice of Appeal of the Court if—\n(a) he or she is, or has been, a judge of a superior court in some part of the Commonwealth or in Ireland; or\n(b) he or she is entitled to practise as a legally qualified advocate or a solicitor in such a court and has been so entitled for not less than five years.\n(4) For the purposes of subsection (3), a person shall be regarded as entitled to practise as such an advocate or a solicitor if he or she has been called, enrolled or otherwise admitted in that capacity (and has not subsequently been disbarred or removed from the roll of advocates or solicitors) even if, during any relevant period—\n(a) the person was holding or acting in any office that precluded him or her from practising in a court; or\n(b) the person did not hold a practising certificate or had not satisfied any other like condition of being permitted to practise.\n(5) If the office of President of the Court of Appeal is vacant or the President has not assumed, or is for any reason unable to perform the functions of, that office, those functions shall be performed by the next most senior Justice of Appeal in terms of the date of his or her appointment.\n(6) If the office of a Justice of Appeal is vacant, or any Justice of Appeal is discharging the functions of President or is for any other reason unable to perform the functions of the office, the Governor, acting in his or her discretion, may decide that a person qualified for appointment as a Justice of Appeal should be appointed to sit as an Acting Justice of Appeal.\n(7) The Court of Appeal shall have and use a seal bearing a device and impression of the Royal Arms within a border bearing the words “Seal of the St Helena Court of Appeal”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1751/schedule/paragraph/86",
    "retrieved_at": "2026-10-29T03:09:37.810912+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}