Constitutional Reform Act 2005

Special rules where President's or Deputy President's place unfilled U.K.

2 (1) This paragraph applies if one (but not both) of the following conditions is met— U.K.

(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.

3 (1) This paragraph applies if both of the following conditions are met— U.K.

(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 places on the commission are to be taken by the following persons—

(a) the most senior ordinary judge of the Supreme Court;

(b) the second most senior ordinary judge.

(3) If neither of the unfilled places on the selection commission is 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;

(b) the most senior judge of the courts of Scotland;

(c) the most senior judge of the courts of Northern Ireland.

(4) If only one of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are also to be members of the commission—

(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.

(5) For the purposes of sub-paragraph (4) a jurisdiction is already represented if it is the home jurisdiction of the judge who has taken a place on the selection commission in accordance with sub-paragraph (2).

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

4 (1) The home jurisdiction of a judge of the Supreme Court is determined for the purposes of paragraphs 2 and 3 in accordance with this paragraph. U.K.

(2) If the judge became, or first became, a member of the Supreme Court by virtue of section 24, his home jurisdiction is—

(a) the jurisdiction in which he held (or last held) any high judicial office by which he was qualified for appointment as a Lord of Appeal in Ordinary;

(b) if he was qualified for that appointment only by a qualification listed in section 6(a) to (c) of the Appellate Jurisdiction Act 1876 (c. 59), the jurisdiction in which he held that qualification;

(c) if he held such a qualification in more than one jurisdiction, the jurisdiction with which he was, as the holder of such a qualification, most closely associated.

(3) Sub-paragraph (4) applies if the following conditions are met—

(a) the judge became, or first became, a member of the Supreme Court by virtue of sections 25 to 31;

(b) he qualified for appointment, or first appointment, to the Supreme Court by virtue—

(i) only of section 25(1)(a), or

(ii) of section 25(1)(a) and (b).

(4) In such a case the judge's home jurisdiction is—

(a) if he was qualified for appointment, or first appointment, by virtue of holding high judicial office in one jurisdiction, that jurisdiction;

(b) if he was so qualified by virtue of holding high judicial office in more than one jurisdiction, the jurisdiction in which he was appointed to high judicial office most recently.

(5) Sub-paragraph (6) applies if the following conditions are met—

(a) the judge became, or first became, a member of the Supreme Court by virtue of sections 25 to 31;

(b) he qualified for appointment, or first appointment, to the Supreme Court by virtue only of section 25(1)(b).

(6) In such a case the judge's home jurisdiction is—

(a) if he was qualified for appointment, or first appointment, by virtue of being a qualifying practitioner in one jurisdiction, that jurisdiction;

(b) if he was so qualified by virtue of being a qualifying practitioner in more than one jurisdiction, the jurisdiction with which he was, as a qualifying practitioner, most closely associated.