Constitutional Reform Act 2005

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

2 (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.