Constitutional Reform Act 2005

Supplementary provisions about selection U.K.

95 Withdrawal and modification of requests U.K.

(1) This section applies to a request under section 69, 78 or 87 [F1 or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007] .

(2) The Lord Chancellor may withdraw or modify a request only as follows—

(a) so far as a request relates to any recommendation or appointment to fill a vacancy, he may withdraw or modify it with the agreement of the Lord Chief Justice;

(b) so far as a request relates to any recommendation or appointment otherwise than to fill a vacancy, he may withdraw or modify it after consulting the Lord Chief Justice;

(c) he may withdraw a request as respects all recommendations or appointments to which it relates if, after consulting the Lord Chief Justice, he considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

(3) If a request is withdrawn in part or modified, the Commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted.

(4) The Lord Chancellor may not withdraw a request under subsection (2)(c) if he has exercised any of his powers under section 73(2), [F2 75E(2),] 82(2) or 90(2) in relation to a selection made pursuant to the request.

(5) Any withdrawal or modification of a request must be by notice in writing to the Commission.

(6) The notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c).

(7) In the case of a withdrawal under subsection (2)(c), the notice must state why the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

(8) If or to the extent that a request is withdrawn—

(a) the preceding provisions of this Part cease to apply in relation to it, and

(b) any selection made on it is to be disregarded.

(9) Withdrawal of a request to any extent does not affect the power of the Lord Chancellor to make another request in the same or different terms.

Textual Amendments

F1 Words in s. 95(1) inserted (19.9.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 2, 148, Sch. 1 para. 5(2); S.I. 2007/2709, art. 2(g)

F2 Words in s. 95(4) inserted (19.9.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 2, 148, Sch. 1 para. 5(3); S.I. 2007/2709, art. 2(g)

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.

97 Scotland and Northern Ireland U.K.

(1) [F3 Subsections (2) and (3) apply] to consultation that a person is required to undertake under any of these provisions—

(a) section 87(2);

(b) section 88(3);

(c) section 94(3);

[F4 (ca) section 94B(2);]

(d) section 95(2)(a), (b) or (c),

(e) section 96(4)(a).

(2) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.

(3) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland.

[F5 (4) Subsections (2) and (3) apply to the reference in section 94A(1) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

(5) The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)—

(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b) the Senior President of Tribunals.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act);

(c) the Senior President of Tribunals.]

Textual Amendments

F3 Words in s. 97(1) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 53(6)(a)

F4 S. 97(1)(ca) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 53(6)(b)

F5 S. 97(4)-(6) added (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 53(7)