- Latest available (Revised)
- Point in Time (01/06/2015)
- Original (As enacted)
Point in time view as at 01/06/2015.
There are currently no known outstanding effects for the Crime and Courts Act 2013, Cross Heading: Main change in selection process.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
53(1)The Constitutional Reform Act 2005 is amended as follows.U.K.
(2)Omit—
(a)sections 71 to 75 (selection for appointment of Lord Chief Justice or Head of Division),
(b)sections 75C to 75G (selection for appointment of Senior President of Tribunals),
(c)sections 80 to 84 (selection for appointment of ordinary judge of the Court of Appeal),
(d)sections 89 to 93 (selection for appointment of puisne judge of the High Court or to an office listed in Schedule 14), and
(e)section 96 (effect of acceptance of selection).
(3)Before section 95 (but after the italic heading preceding that section) insert—
(1)The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice—
(a)make further provision about the process to be applied in a case where the Commission receives a request under section 87;
(b)make further provision about—
(i)membership of selection panels appointed under section 70, 75B or 79, and
(ii)the process that is to be applied in a case where a selection panel is required to be appointed under section 70, 75B or 79;
(c)secure, subject to section 95 and any provision within subsection (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the appropriate authority.
(2)The regulations may in particular—
(a)provide for process additional to the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), including post-acceptance process;
(b)make provision as to things that are, or as to things that are not, to be done—
(i)as part of the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), or
(ii)in determining what that process is to be;
(c)provide for selection on a request under section 87 to be from among persons identified under section 94 in response to advance notice of the request;
(d)provide for section 88(1)(c) not to apply where, or to the extent that, the Commission decides that the selection process applied under section 88(1) has not identified candidates of sufficient merit for it to comply with section 88(1)(c);
(e)give functions to the Lord Chancellor, including—
(i)power to require a selection panel to reconsider a selection under section 70(2), 75B(2) or 79(2) or any subsequent selection,
(ii)power to reject a selection under section 70(2) or any subsequent selection,
(iii)power to reject a selection under section 75B(2) or 79(2) or any subsequent selection,
(iv)power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and
(v)power to require the reconsideration of a decision mentioned in paragraph (d);
(f)give functions to the Lord Chief Justice in connection with selection for an office listed in Table 2 of Part 1 or 2 of Schedule 14 or in connection with selection for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, including—
(i)power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and
(ii)power to require the reconsideration of a decision mentioned in paragraph (d);
(g)give functions to the Senior President of Tribunals in connection with selection for an office listed in Table 3 of Part 1, or Table 2 of Part 3, of Schedule 14, including—
(i)power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and
(ii)power to require the reconsideration of a decision mentioned in paragraph (d);
(h)make provision for or in connection with duties mentioned in section 51 of the Equality Act 2010 being duties of the Lord Chief Justice, or Senior President of Tribunals, in relation to an office within Table 2 or 3 of Part 1 of Schedule 14;
(i)provide for particular action to be taken by the Commission or a selection panel after the panel has complied with section 70, 75B or 79;
(j)provide for particular action to be taken by the Commission after a selection has been made on a request under section 87;
(k)provide for the dissolution of a selection panel appointed under section 70, 75B or 79;
(l)provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—
(i)as a member of such a panel (including functions of chairing such a panel), or
(ii)in relation to the nomination or appointment of members of such a panel;
(m)provide for a person to cease to be a member of such a panel where the person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;
(n)provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;
(o)make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected;
(p)provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions given to the Lord Chief Justice by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (f));
(q)make provision prohibiting or restricting delegation by the Senior President of Tribunals of functions given to the Senior President of Tribunals by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (g));
(r)make provision as to the meaning of “non-legally-qualified” and “judicial member” in sections 70, 75B and 79.
(3)Regulations under this section—
(a)may make different provision for different purposes;
(b)may make transitory, transitional or saving provision.
(4)In subsection (1)(c) “the appropriate authority” means—
(a)the Lord Chancellor where the selection—
(i)is on a request under section 69 or 78,
(ii)relates to the office of Senior President of Tribunals or puisne judge of the High Court, or
(iii)relates to an office listed in Table 1 of Part 1, 2 or 3 of Schedule 14;
(b)the Lord Chief Justice where the selection relates to an office listed in Table 2 of Part 1 or 2 of that Schedule;
(c)the Senior President of Tribunals where the selection relates to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of that Schedule.
(5)This section is subject to section 95.”
Commencement Information
I1Sch. 13 para. 53 in force at 1.10.2013 by S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: