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).