Constitutional Reform Act 2005

71 Selection panel

(1) The selection panel must consist of four members.

(2) The first member is the most senior England and Wales Supreme Court judge who is not disqualified, or his nominee.

(3) Unless subsection (7) applies, the second member is the Lord Chief Justice or his nominee.

(4) Unless subsection (9) applies, the third member is the chairman of the Commission or his nominee.

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

(6) Subsection (7) applies if—

(a) the Lord Chief Justice is disqualified, or

(b) there is no Lord Chief Justice.

(7) In those cases the most senior England and Wales Supreme Court judge who is not disqualified must designate a person (but not a person who is disqualified) as the second member.

(8) Subsection (9) applies if—

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

(b) the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

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

(10) Only the following may be a nominee under subsection (2) or (3) or designated under subsection (7)—

(a) an England and Wales Supreme Court judge,

(b) a Head of Division, or

(c) a Lord Justice of Appeal.

(11) The following also apply to nominees under this section—

(a) a person may not be a nominee if he is disqualified;

(b) a person may not be appointed to the panel as the nominee of more than one person;

(c) a person appointed to the panel otherwise than as a nominee may not be a nominee.

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

(13) On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

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

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

(b) he is willing to be considered for selection.

(15) In this section “England and Wales Supreme Court judge” means a judge of the Supreme Court who has held high judicial office in England and Wales before appointment to the Court.