Constitutional Reform Act 2005

92Selection following rejection or requirement to reconsiderU.K.
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(1)If under section 90 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the Commission must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the Commission—

(a)may not select the person rejected, and

(b)where the rejection is following a requirement to reconsider, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the Commission—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)But if the Commission decides that the selection process has not identified a candidate of sufficient merit for it to make a selection under this section—

(a)section 93 applies;

(b)subsection (1) does not apply, but subsections (2) and (3) apply to any selection under section 93.

(5)The Commission must inform the Lord Chancellor of any person selected following a rejection or a requirement to reconsider.

(6)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 87.