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194. Assisting the transaction of judicial business

(1) A person within any entry of column 1 of the following Table may at any time, at the request of the appropriate authority, act as a Judge of a relevant Court specified in the request.

TABLE

1 Judge or ex-Judge 2 Where competent to act on request
1. A Justice of Appeal. The Court of First Instance.
2. A person who has been a Justice of Appeal. The Court of Appeal and the Court of First Instance.
3. A Justice of First Instance. The Court of Appeal.
4. A person who has been a Justice of First Instance. The Court of Appeal and the Court of First Instance.
(2) In subsection (1) —
(a) "appropriate authority" means the Chief Justice or a judicial office holder nominated by him to exercise his functions under this section;
(b) "relevant Court", in the case of a person entered in column 1 of the Table, means a Court specified in relation to that entry in column 2 of the Table.
(3) The appropriate authority may make a request under subsection (1) only after nominating that person to, and obtaining the agreement of, the Board.
(4) If it appears to the Chief Justice, after consulting the Chairman of the Board, that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the Court of First Instance, he may appoint a person qualified for appointment as a Judge of the ADGM Courts to be a temporary Judge of the Court of First Instance during such period or on such occasions as the Chief Justice may, after consulting the Chairman of the Board, think fit.
(5) A person appointed under subsection (4) is to hold and vacate office as a temporary Judge of the Court of First Instance in accordance with the terms of the person's appointment, which are to be such as the Chief Justice, with the agreement of the Chairman of the Board, may determine.
(6) If it appears to the Chief Justice, after consulting the Chairman of the Board, that it is expedient to make an appointment under this subsection in order to facilitate the disposal of business in the Court of First Instance, he may appoint a person qualified for appointment as a Judge of the ADGM Courts to be an Associate Judge of the Court of First Instance.
(7) A person appointed under subsection (6) is to hold and vacate office as an Associate Judge of the Court of First Instance in accordance with the terms of the person's appointment, which are to be such as the Chief Justice, with the agreement of the Chairman of the Board, may determine.
(8) Every person while acting under this section shall be treated for all purposes as, and accordingly may perform any of the functions of, a Judge of the ADGM Court in which he is acting.
(9) A person shall by virtue of subsection (8) —
(a) be treated as a Judge of the ADGM Court in which he is acting for the purposes of any statutory provision relating to —
(i) the appointment and tenure of office of, and the affirmation to be taken by, Judges of that Court;
(ii) the remuneration and allowances of such Judges; and
(b) be treated as having been a Judge of an ADGM Court in which he has acted only under this section.
(10) Such remuneration and allowances as the Chief Justice may, with the concurrence of the Board, determine may be paid out of money provided by the Abu Dhabi Global Market —
(a) to any person who has been a Justice of Appeal or a Justice of First Instance, and is by virtue of subsection (1) acting as mentioned in that subsection;
(b) to any temporary or Associate Judge of the Court of First Instance appointed under subsection (4) or (6) (as the case may be).
(11) A person may be removed from office as an Associate Judge of the Court of First Instance only by the Chief Justice; and then only on —
(a) the ground of inability or misbehaviour; or
(b) a ground specified in the person's terms of appointment.
(12) The Chief Justice may nominate a judicial office holder to exercise functions of the Chief Justice under this section.