s 36 Composition — further provisions
36.—(1) Despite section 32(1), a case before the Appellate Division may, if the Seventh Schedule so provides, be heard and decided by —(a) either a single Judge or 2 Judges; or (b) 2 Judges.[40/2019] (2) A Judge must not sit in the Appellate Division to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 40(1).[40/2019] (3) Where the Appellate Division is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his or her functions as a Judge of the Appellate Division so constituted —(a) the Appellate Division must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and (b) the case must be reheard if it cannot continue under paragraph (a).[40/2019]