SCHEDULES

SCHEDULE 8Supreme Court selection commissions

Part 1Membership

2Special rules where President’s or Deputy President’s place unfilled

1

This paragraph applies if one (but not both) of the following conditions is met—

a

the President’s place on a selection commission is unfilled;

b

the Deputy President’s place on a selection commission is unfilled.

2

The unfilled place on the selection commission is to be taken by the most senior ordinary judge of the Supreme Court.

3

If the unfilled place on the selection commission is not taken in accordance with sub-paragraph (2), the following are to be members of the commission instead—

a

the most senior judge of the courts of England and Wales, unless that jurisdiction is already represented;

b

the most senior judge of the courts of Scotland, unless that jurisdiction is already represented;

c

the most senior judge of the courts of Northern Ireland, unless that jurisdiction is already represented.

4

For the purposes of this paragraph a jurisdiction is already represented if—

a

in a case where the President’s place on the commission is unfilled, that jurisdiction is the home jurisdiction of the Deputy President;

b

in a case where the Deputy President’s place on the commission is unfilled, that jurisdiction is the home jurisdiction of the President.

5

Any person disqualified under paragraph 5 is to be disregarded in determining the most senior judge for the purposes of any provision of this paragraph.