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.