Constitutional Reform Act 2005

Panels

8 (1) A panel appointed under paragraph 7(2) must have four members (subject to sub-paragraph (7)).

(2) The first member must be a person selected by the Lord Chancellor with the agreement of the Lord Chief Justice (or, if the office of Lord Chief Justice is vacant, with the agreement of the senior Head of Division).

(3) That member is to be chairman of the panel.

(4) The second member must be the Lord Chief Justice or his nominee, unless the office of Lord Chief Justice is vacant.

(5) If that office is vacant, the second member must be the senior Head of Division or his nominee.

(6) The third member must be a person nominated by the first member.

(7) The chairman of the Commission must also be a member of the panel unless his office is vacant or is the office for which a recommendation is to be made.

(8) A person must not be a member of the panel if he is employed in the civil service of the State.

(9) A person must not be the first member if he is one of the following—

(a) a Commissioner;

(b) a member of the staff of the Commission;

(c) a practising lawyer;

(d) the holder of a listed judicial office;

(e) a member of the House of Commons.

(10) A person must not be the third member if he is a member of the House of Commons.

(11) The Lord Chancellor before selecting a person to be appointed as the first member, and the Lord Chief Justice or Head of Division before agreeing to the selection, must consider these questions—

(a) whether the person has exercised functions that appear to him to be of a judicial nature and such as to make the person inappropriate for the appointment;

(b) whether any past service in a capacity listed in sub-paragraph (8) or (9) appears to him to make the person inappropriate for the appointment;

(c) whether the extent of any present or past party political activity or affiliations appears to him to make the person inappropriate for the appointment.

(12) The first member must consider the same questions before nominating a person to be appointed as the third member.