Constitutional Reform Act 2005

[F1 71A Selection panel for appointment of Head of Division U.K.

(1) This section applies where the request relates to a recommendation for an appointment to one of the following offices—

(a) Master of the Rolls;

(b) President of the Queen's Bench Division;

(c) President of the Family Division;

(d) Chancellor of the High Court.

(2) The selection panel must consist of five members.

(3) The first member is the Lord Chief Justice or the Lord Chief Justice's nominee, unless subsection (9) applies.

(4) Unless subsection (9) applies, the second member is the most senior England and Wales Supreme Court judge who is neither disqualified nor incapacitated, or that judge's nominee.

(5) The third member is the chairman of the Commission or the chairman's nominee, unless subsection (11) applies.

(6) The fourth member is a lay member of the Commission designated by the third member.

(7) The fifth member is a person designated by the first member after consulting the third member.

(8) Subsection (9) applies if—

(a) there is no Lord Chief Justice,

(b) the Lord Chief Justice is disqualified, or

(c) the Lord Chief Justice is incapacitated.

(9) In those cases—

(a) the most senior England and Wales Supreme Court judge who is neither disqualified nor incapacitated, or that judge's nominee, is the first member, and

(b) the second member is a person designated by the first member.

(10) Subsection (11) applies if—

(a) there is no chairman of the Commission, or

(b) the chairman of the Commission is incapacitated.

(11) In those cases the third member of the Commission is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

(12) Only the following may be a nominee under subsection (3), (4) or (9)(a) or designated under subsection (9)(b)—

(a) an England and Wales Supreme Court judge,

(b) a Head of Division, or

(c) an ordinary judge of the Court of Appeal in England and Wales.

(13) Only a lay member of the Commission may be a nominee under subsection (5).

(14) Only the following may be designated under subsection (7)—

(a) an England and Wales Supreme Court judge,

(b) a senior judge (as defined by section 109(5)),

(c) the holder of an office listed in Schedule 14, or

(d) a member of the Commission.

(15) A person may not be a nominee under this section, or be designated under this section, if the person is disqualified.

(16) The first member is the chairman of the panel.

(17) A person is disqualified for the purposes of this section if—

(a) the person is the current holder of the office for which a selection is to be made, or

(b) the person is willing to be considered for selection.]

Textual Amendments

F1 Ss. 71-71B substituted for s. 71 (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(a), Sch. 13 para. 82(3) (with Sch. 13 para. 82(5))