Part 3The Supreme Court
Appointment of judges
27AF1Regulations about selection process
1
The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court—
a
make further provision about membership of selection commissions convened under section 26,
b
make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and
c
secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor.
2
The regulations may in particular—
a
provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process;
b
make provision as to things that are, or as to things that are not, to be done by a selection commission—
i
as part of the selection process applied by it under section 27(1), or
ii
in determining what that process is to be;
c
provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection;
d
provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection;
e
give other functions to the Lord Chancellor;
f
provide for particular action to be taken by a selection commission after it has complied with section 27;
g
provide for the dissolution of a selection commission;
h
provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—
i
as a member of a selection commission (including functions of chairing a selection commission), or
ii
in relation to the nomination or appointment of members of a selection commission;
i
provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission;
j
provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission;
k
provide for payment to a member of a selection commission of amounts by way of allowances or expenses;
l
make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b).
3
Before making regulations under this section the Lord Chancellor must consult—
a
the First Minister in Scotland,
b
the Northern Ireland Judicial Appointments Commission,
c
the First Minister for Wales,
d
the Lord President of the Court of Session,
e
the Lord Chief Justice of Northern Ireland, and
f
the Lord Chief Justice of England and Wales.
4
Regulations under this section—
a
may make different provision for different purposes;
b
may make transitory, transitional or saving provision.
5
In this section “the senior judge”, in relation to the Court, has the meaning given by section 26(5B).