The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation to which this section applies.

Before making a request the Lord Chancellor must consult the Lord Chief Justice.

Subsection (2) does not apply where the office of Lord Chief Justice is vacant or where the Lord Chief Justice is incapacitated for the purposes of section 16 (functions during vacancy or incapacity).

F1Section 70 applies where the Lord Chancellor makes a request under this section.

F2That section is subject to section 95 (withdrawal and modification of requests).