Constitutional Reform Act 2005

94 Duty to identify persons for future requests

(1) If the Lord Chancellor gives the Commission notice of a request he expects to make under section 87 the Commission must—

(a) seek to identify persons it considers would be suitable for selection on the request, and

(b) submit a report to the Lord Chancellor containing any information it considers appropriate about—

(i) the extent to which it has identified suitable persons, and

(ii) other matters likely to assist the Lord Chancellor in exercising his functions relating to appointments and recommendations.

(2) For the purposes of subsection (1)(a) and (b)(ii), the Commission must in particular have regard to—

(a) the number of recommendations and appointments the Lord Chancellor expects to request selections for;

(b) the powers of the Lord Chancellor to reject or require reconsideration of a selection.

(3) As part of the process of identifying persons under subsection (1)(a), the Commission must consult—

(a) the Lord Chief Justice, and

(b) a person or persons, other than the Lord Chief Justice, with experience in the office or offices to which requests specified in the notice relate, or with other relevant experience.

(4) A report under subsection (1)(b) must—

(a) state any recommendation made in consultation under subsection (3) by a person consulted;

(b) give reasons in any case where the Commission has not followed such a recommendation.

(5) Where the Lord Chancellor makes a request for the purposes of which the Commission has identified persons under subsection (1)(a), the Commission must, in determining the selection process to be applied, consider whether selection should be from among those persons.