The Judicial Appointments Commission Regulations 2013

Transitional provision

19.—(1) Each Commissioner (including the chairman) holding office as at the commencement of these Regulations is to continue to hold their office until they complete their term of office as a Commissioner to which they were appointed or where they cease to be a Commissioner for any other reason.

(2) Regulation 4 does not apply until all the Commissioners referred to in paragraph (1) have completed their term of office as a Commissioner or they have ceased to be a Commissioner for any other reason.

(3) Paragraph (4) applies where—

(a) immediately before the commencement of Part 3 of Schedule 13 to the Crime and Courts Act 2013(1) there are two members of the Commission who are Lord Justices of Appeal and one member who is a puisne judge of the High Court; and

(b) a vacancy in the membership of the Commission arises following the commencement of Part 3 of Schedule 13 to the Crime and Courts Act 2013 when one of those Commissioners completes their term of office as a Commissioner or where they cease to be a Commissioner for any other reason.

(4) In those circumstances—

(a) when the first vacancy arises in relation to the Commissioners who are Lords Justice of Appeal that vacancy must be filled by a Lord Justice of Appeal as described in regulation 4(2)(a) of these Regulations;

(b) when the second vacancy arises in relation to the Commissioners who are Lords Justice of Appeal that vacancy must be filled by a senior tribunal office-holder member as described in regulation 4(2)(c) of these Regulations; and

(c) when the vacancy arises in relation to the Commissioner who is a puisne judge of the High Court that vacancy must be filled by a puisne judge of the High Court as described in regulation 4(2)(b) of these Regulations.

(5) Paragraph (5) applies where—

(a) immediately before the commencement of Part 3 of Schedule 13 to the Crime and Courts Act 2013(2) there are two members of the Commission who are puisne judges of the High Court and one member who is a Lord Justice of Appeal; and

(b) a vacancy in the membership of the Commission arises following the commencement of Part 3 of Schedule 13 to the Crime and Courts Act 2013 when one of those Commissioners completes their term of office as a Commissioner or where they cease to be a Commissioner for any other reason.

(6) In those circumstances—

(a) when the first vacancy arises in relation to the Commissioners who are puisne judges of the High Court that vacancy must be filled by a puisne judge of the High Court as described in regulation 4(2)(b) of these Regulations;

(b) when the second vacancy arises in relation to the Commissioners who are puisne judges of the High Court that vacancy must be filled by a senior tribunal office-holder member as described in regulation 4(2)(c) of these Regulations; and

(c) when the vacancy arises in relation to the Commissioner who is a Lord Justice of Appeal that vacancy must be filled by a Lord Justice of Appeal as described in regulation 4(2)(a) of these Regulations.

(7) Paragraph (8) applies to a vacancy in the membership of the Commission arising when one of the other Commissioners referred to in paragraph (1) completes their term of office as a Commissioner or where they cease to be a Commissioner for any other reason.

(8) A vacancy as a Commissioner described in an entry in the first column of the Schedule to these Regulations must be filled by a person who qualifies as a Commissioner described in the corresponding entry in the second column of the Schedule.

(9) The descriptions of the type of Commissioners referred to in the first column of the Schedule to these Regulations are the descriptions referred to in Schedule 12 to the 2005 Act as it was in force immediately before the commencement of Part 3 of Schedule 13 to the Crime and Courts Act 2013.

(1)

2013 c.22.

(2)

2013 c.22.