Part 4Judicial appointments and discipline

Chapter 2Appointments

F1Senior President of Tribunals

Annotations:
Amendments (Textual)

75CSelection panel

1

The selection panel must consist of four members.

2

The first member is the Lord Chief Justice, or his nominee.

3

The second member is a person designated by the Lord Chief Justice.

4

Unless subsection (7) 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

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).

7

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.

8

A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.

9

The person designated under subsection (3) must be—

a

a person who holds, or has held, the office of Senior President of Tribunals,

b

a person who holds, or has held, office as a Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, or

c

a person who holds, or has held, an office that, in the opinion of the Lord Chief Justice, is such that a holder of it would acquire knowledge or experience of tribunals broadly similar to that which would be acquired by—

i

a person who holds the office of Senior President of Tribunals, or

ii

a person who holds office as a Chamber President of a chamber of the First-tier Tribunal, or

iii

a person who holds office as a Chamber President of a chamber of the Upper Tribunal.

10

Before designating a person under subsection (3), the Lord Chief Justice must consult—

a

the Lord President of the Court of Session, and

b

the Lord Chief Justice of Northern Ireland.

11

A person may not be appointed to the panel if he is willing to be considered for selection.

12

A person may not be appointed to the panel as the nominee of more than one person.

13

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

14

The first member is the chairman of the panel.

15

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