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[F16(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.U.K.
(2)In the case of a person who qualifies for appointment under—
(a)paragraph (1)(a), or
(b)paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
(3)In the case of a person who qualifies for appointment under—
(a)paragraph (1)(b), or
(b)paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
(4)In the case of a person who qualifies for appointment under—
(a)paragraph (1)(c), or
(b)paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.]
Textual Amendments
F1Sch. 12 para. 6 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 196; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(r)