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Constitutional Reform Act 2005

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This is the original version (as it was originally enacted).

26Selection of members of the Court

This section has no associated Explanatory Notes

(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.

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