(1)If under section 90 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the Commission must select a person in accordance with this section.
(2)If the Lord Chancellor rejects a selection, the Commission—
(a)may not select the person rejected, and
(b)where the rejection is following a requirement to reconsider, may not select the person (if different) whose selection it reconsidered.
(3)If the Lord Chancellor requires a selection to be reconsidered, the Commission—
(a)may select the same person or a different person, but
(b)where the requirement is following a rejection, may not select the person rejected.
(4)But if the Commission decides that the selection process has not identified a candidate of sufficient merit for it to make a selection under this section—
(a)section 93 applies;
(b)subsection (1) does not apply, but subsections (2) and (3) apply to any selection under section 93.
(5)The Commission must inform the Lord Chancellor of any person selected following a rejection or a requirement to reconsider.
(6)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 87.