Part 4Judicial appointments and discipline

Chapter 2Appointments

Lord Chief Justice and Heads of Division

71Selection panel

1

The selection panel must consist of four members.

2

The first member is the most senior England and Wales Supreme Court judge who is not disqualified, or his nominee.

3

Unless subsection (7) applies, the second member is the Lord Chief Justice or his nominee.

4

Unless subsection (9) applies, the third member is the chairman of the Commission or his nominee.

5

The fourth member is a lay member of the Commission designated by the third member.

6

Subsection (7) applies if—

a

the Lord Chief Justice is disqualified, or

b

there is no Lord Chief Justice.

7

In those cases the most senior England and Wales Supreme Court judge who is not disqualified must designate a person (but not a person who is disqualified) as the second member.

8

Subsection (9) applies if—

a

there is no chairman of the Commission, or

b

the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

9

In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

10

Only the following may be a nominee under subsection (2) or (3) or designated under subsection (7)—

a

an England and Wales Supreme Court judge,

b

a Head of Division, or

c

a Lord Justice of Appeal.

11

The following also apply to nominees under this section—

a

a person may not be a nominee if he is disqualified;

b

a person may not be appointed to the panel as the nominee of more than one person;

c

a person appointed to the panel otherwise than as a nominee may not be a nominee.

12

The first member is the chairman of the panel.

13

On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

14

A person is disqualified for the purposes of this section if—

a

he is the current holder of the office for which a selection is to be made, or

b

he is willing to be considered for selection.

15

In this section “England and Wales Supreme Court judge” means a judge of the Supreme Court who has held high judicial office in England and Wales before appointment to the Court.