Part 4Judicial appointments and discipline
Chapter 2Appointments
Lord Chief Justice and Heads of Division
71AF1Selection panel for appointment of Head of Division
1
This section applies where the request relates to a recommendation for an appointment to one of the following offices—
a
Master of the Rolls;
b
President of the Queen's Bench Division;
c
President of the Family Division;
d
Chancellor of the High Court.
2
The selection panel must consist of five members.
3
The first member is the Lord Chief Justice or the Lord Chief Justice's nominee, unless subsection (9) applies.
4
Unless subsection (9) applies, the second member is the most senior England and Wales Supreme Court judge who is neither disqualified nor incapacitated, or that judge's nominee.
5
The third member is the chairman of the Commission or the chairman's nominee, unless subsection (11) applies.
6
The fourth member is a lay member of the Commission designated by the third member.
7
The fifth member is a person designated by the first member after consulting the third member.
8
Subsection (9) applies if—
a
there is no Lord Chief Justice,
b
the Lord Chief Justice is disqualified, or
c
the Lord Chief Justice is incapacitated.
9
In those cases—
a
the most senior England and Wales Supreme Court judge who is neither disqualified nor incapacitated, or that judge's nominee, is the first member, and
b
the second member is a person designated by the first member.
10
Subsection (11) applies if—
a
there is no chairman of the Commission, or
b
the chairman of the Commission is incapacitated.
11
In those cases the third member of the Commission is a lay member of the Commission selected by the lay members of the Commission other than the chairman.
12
Only the following may be a nominee under subsection (3), (4) or (9)(a) or designated under subsection (9)(b)—
a
an England and Wales Supreme Court judge,
b
a Head of Division, or
c
an ordinary judge of the Court of Appeal in England and Wales.
13
Only a lay member of the Commission may be a nominee under subsection (5).
14
Only the following may be designated under subsection (7)—
a
an England and Wales Supreme Court judge,
b
a senior judge (as defined by section 109(5)),
c
the holder of an office listed in Schedule 14, or
d
a member of the Commission.
15
A person may not be a nominee under this section, or be designated under this section, if the person is disqualified.
16
The first member is the chairman of the panel.
17
A person is disqualified for the purposes of this section if—
a
the person is the current holder of the office for which a selection is to be made, or
b
the person is willing to be considered for selection.