Constitutional Reform Act 2005

96 Effect of acceptance of selection U.K.

(1) This section applies where the Lord Chancellor accepts a selection under this Chapter.

(2) Subject to the following provisions of this section, the Lord Chancellor—

(a) must make the appointment, or recommendation, for which the selection has been made, and

(b) must appoint, or recommend, the person selected.

(3) Before making the appointment or recommendation the Lord Chancellor may direct the Commission to make arrangements in accordance with the direction—

(a) for any assessment of the health of the person selected that the Lord Chancellor considers appropriate, and

(b) for a report of the assessment to be made to the Lord Chancellor.

(4) Subsection (5) applies in any of the following circumstances—

(a) the Lord Chancellor notifies the Commission that he is not satisfied on the basis of a report under subsection (3)(b), having consulted the Lord Chief Justice, that the health of the person selected is satisfactory for the purposes of the appointment or recommendation;

(b) the person selected declines to be appointed or recommended, or does not agree within a time specified to him for that purpose;

(c) the person selected is otherwise not available within a reasonable time to be appointed or recommended.

(5) Where this subsection applies—

(a) the selection accepted and any previous selection for the same appointment or recommendation are to be disregarded;

(b) the request pursuant to which the selection was made continues to have effect;

(c) any subsequent selection pursuant to that request may be made in accordance with the same or a different selection process.