Constitutional Reform Act 2005 (c. 4)

Part 4 U.K. Judicial appointments and discipline

Chapter 2 U.K. Appointments

Puisne judges and other office holders U.K.

91 Exercise of powers to reject or require reconsideration U.K.

(1) The power of the Lord Chancellor under section 90 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion, the person selected is not suitable for the office concerned or particular functions of that office.

(2) The power of the Lord Chancellor under section 90 to require the Commission to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion—

(a) there is not enough evidence that the person is suitable for the office concerned or particular functions of that office, or

(b) there is evidence that the person is not the best candidate on merit.

(3) The Lord Chancellor must give the Commission reasons in writing for rejecting or requiring reconsideration of a selection.