This section applies if the office of President is vacant.

The Welsh Ministers may appoint one or more of the legally-qualified members of the Tribunal to exercise any or all of the President’s functions.

If, or to the extent that, the President’s functions are not exercisable by a legally-qualified member in accordance with subsection (2), the Welsh Ministers may exercise the functions.

But the Welsh Ministers may not participate in determining any proceedings before the Tribunal.