The Magistrates' Courts Committees (Constitution) Regulations 1999

Selection of the committee

6.—(1) The selection panel shall decide by vote how it wishes to select members of the committee and if the votes are equal the chairman shall have a casting vote.

(2) The selection panel shall publish selection criteria for selection to a committee.

(3) The committee shall inform the clerk to the selection panel of the number of members, subject to regulation 11, it requires to take office on 1st April in each year, by 31st December of the preceding year.

(4) The selection panel shall annually select the number of members requested by the committee to take office on 1st April in each year.

(5) The selection panel shall make the selection referred to in paragraph (4) from those candidates whose written notice of candidature had been received by the clerk to the selection panel in accordance with regulation 7 and who meet the selection criteria referred to in paragraph (2).

(6) If the selection panel chooses to select the members of the committee by vote–

(a) each member of the selection panel shall have one vote per vacancy; and

(b) paragraph (7) applies.

(7) The selection panel shall determine before the votes are taken whether, if the votes are equal for any candidate, the matter shall be resolved by either–

(a) the choice of those members of the selection panel representing the greater number of justices prevailing; or

(b) the chairman having a casting vote.

(8) The selection panel shall make the selection and notify the candidates in writing of the result no later than 28th February each year.

(9) If a candidate has not been selected because he has not met the selection criteria, the selection panel shall, in the notification under paragraph (8), identify the criteria that the candidate has not met.

(10) If, for any reason, the number of candidates who meet the selection criteria is less than the number of members requested by the committee to take office on 1st April in that year–

(a) the selection panel shall notify the committee as soon as practicable after the preceding 31st December;

(b) the committee may reduce the number of members it requires to take office on 1st April in that year and notify the selection panel of the reduced number as soon as practicable after it receives the notification under paragraph (a); and

(c) if the number of candidates who meet the selection criteria is still less than the number of members requested by the committee to take office on 1st April of that year, the selection panel may, subject to paragraph (11), appoint any justice who meets the selection criteria to the vacancy and shall do so if the committee would otherwise be inquorate.

(11) The selection panel shall decide before the preceding 31st December if it wishes to exercise its power to appoint a justice under paragraph (10)(c).