Part 3The Supreme Court

Appointment of judges

26Selection of members of the Court

(1)

This section applies to a recommendation for an appointment to one of the following offices—

(a)

judge of the Supreme Court;

(b)

President of the Court;

(c)

Deputy President of the Court.

(2)

A recommendation may be made only by the Prime Minister.

(3)

The Prime Minister—

(a)

must recommend any person whose name is notified to him under section 29;

(b)

may not recommend any other person.

(4)

A person who is not a judge of the Court must be recommended for appointment as a judge if his name is notified to the Prime Minister for an appointment as President or Deputy President.

(5)

If there is a vacancy in one of the offices mentioned in subsection (1), or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

(6)

Schedule 8 is about selection commissions.

(7)

Subsection (5) is subject to Part 3 of that Schedule.

(8)

Sections 27 to 31 apply where a selection commission is convened under this section.