Crime and Courts Bill (HL Bill 70)

(ii) in relation to the nomination or appointment of
members of a selection commission;

(i) 30provide for a person to cease to be a member of a selection
commission where a requirement about the commission’s
members ceases to be met by the person’s membership of the
commission;

(j) provide for a person to become a member of a selection
35commission already convened where another person ceases
to be a member of the commission or where a requirement
about the commission’s members ceases to be met by another
person’s membership of the commission;

(k) provide for payment to a member of a selection commission
40of amounts by way of allowances or expenses;

(l) make provision as to what amounts to practice or
employment as a lawyer for the purposes of section 27(11)(b).

(3) Before making regulations under this section the Lord Chancellor
must consult—

(a) 45the First Minister in Scotland,

(b) the Northern Ireland Judicial Appointments Commission,

(c) the First Minister for Wales,

(d) the Lord President of the Court of Session,

(e) the Lord Chief Justice of Northern Ireland, and

(f) 50the Lord Chief Justice of England and Wales.

(4) Regulations under this section—

(a) may make different provision for different purposes;

(b) may make transitory, transitional or saving provision.

(5) In this section “the senior judge”, in relation to the Court, has the
5meaning given by section 26(5B).”

Lord Chancellor’s guidance about selection process: procedure

6 After that section 27A insert—

“27B Selection guidance: supplementary

(1) Before issuing any selection guidance the Lord Chancellor must—

(a) 10consult the senior judge of the Supreme Court;

(b) after doing so, lay a draft of the proposed guidance before
each House of Parliament.

(2) If the draft is approved by a resolution of each House of Parliament
within the 40-day period the Lord Chancellor must issue the
15guidance in the form of the draft.

(3) In any other case the Lord Chancellor must take no further steps in
relation to the proposed guidance.

(4) Subsection (3) does not prevent a new draft of the proposed
guidance from being laid before each House of Parliament after
20consultation with the senior judge of the Court.

(5) Selection guidance comes into force on such date as the Lord
Chancellor may appoint by order.

(6) Where selection guidance is in force, the Lord Chancellor may
revoke the guidance only by—

(a) 25new selection guidance issued in accordance with the
previous provisions of this section, or

(b) an order made after consulting the senior judge of the Court.

(7) In this section—

• “40-day period” in relation to the draft of any proposed
  30selection guidance means—

  (a)

  if the draft is laid before one House on a day later than
  the day on which it is laid before the other House, the
  period of 40 days beginning with the later day, and

  (b)

  in any other case, the period of 40 days beginning
  35with the day on which the draft is laid before each
  House,

  no account being taken of any period during which
  Parliament is dissolved or prorogued or during which both
  Houses are adjourned for more than 4 days;

• 40“the senior judge”, in relation to the Court, has the meaning
  given by section 26(5B);

• “selection guidance” means guidance mentioned in section
  27(9).”

Consequential amendments, repeals and revocations

7 (1) Omit—

(a) section 27(2) and (3) and Parts 1 and 2 of Schedule 8 (selection
commissions), and

(b) 5sections 28 to 31 and 60(5) (detailed provision about selection
process).

(2) In section 26(3)(a) (person whose name is notified under section 29 must be
recommended for appointment) for “whose name is notified to him under
section 29” substitute “who is selected as a result of the convening of a
10selection commission under this section”.

(3) For section 26(4) (person recommended for appointment as President or
Deputy President must also be recommended for appointment as a judge if
not already a judge of the Court) substitute—

“(4) Where a person who is not a judge of the Court is recommended for
15appointment as President or Deputy President, the recommendation
must also recommend the person for appointment as a judge.”

(4) For section 26(7) (cases where duty to convene a selection commission is
suspended) substitute—

“(7) Subsections (5) and (5A) are subject to Schedule 8 (cases where duty
20to convene a selection commission are suspended).

(7A) For the purposes of this section and Schedule 8, a person is selected
as a result of the convening of a selection commission if the person’s
selection is the final outcome of—

(a) the selection process mentioned in section 27(1) being
25applied by the commission, and

(b) any process provided for by regulations under section 27A
being applied in the particular case.”

(5) In section 26(8) (application of sections 27 to 31) for “Sections 27 to 31 apply”
substitute “Section 27 applies”.

(6) 30In section 27(1)(a) (selection commission to determine selection process to be
applied) after “applied” insert “by it”.

(7) In section 27(4) (section 27(5) to (10) apply to selections under section 27 or
31) for “section 31” substitute “regulations under section 27A”.

(8) In section 139(2)(a) (if confidential information is obtained for purposes of
35sections 26 to 31 it is not to be disclosed without lawful authority) for “to 31”
substitute “and 27 and regulations under section 27A”.

(9) In section 144(5) (subordinate legislation which may not be made unless a
draft has been laid before and approved by a resolution of each House of
Parliament) before paragraph (a) insert—

“(za) 40regulations under section 27A;”

(10) In section 144(6) (certain orders are not subject to parliamentary procedure))
after “an order under section” insert “27B(5),”.

(11) In paragraph 13(2) of Schedule 8 (end of suspension of duty to convene
selection commission for office of Deputy President) for “the Lord

Chancellor notifies a selection made by” substitute “a person has been
selected as a result of the convening of”.

(12) In paragraph 14(2) of that Schedule (end of suspension of duty to convene
selection commission for office of judge) for “the Lord Chancellor notifies a
5selection made by” substitute “a person has been selected as a result of the
convening of”.

8 In the Government of Wales Act 2006 (Consequential Modifications and
Transitional Provisions) Order 2007 (S.I. 2007/1388S.I. 2007/1388) in Schedule 1 omit
paragraph 110(a) and (b).

10Part 2 Diversity

Diversity considerations where candidates for judicial office are of equal merit

9 (1) Section 63 of the Constitutional Reform Act 2005 (judicial appointments to
be solely on merit) is amended as follows.

(2) 15In subsection (1) (selections to which subsections (2) and (3) apply) for “and
(3)” substitute “to (4)”.

(3) After subsection (3) insert—

“(4) Neither “solely” in subsection (2), nor Part 5 of the Equality Act 2010
(public appointments etc), prevents the selecting body, where two
20persons are of equal merit, from preferring one of them over the
other for the purpose of increasing diversity within—

(a) the group of persons who hold offices for which there is
selection under this Part, or

(b) a sub-group of that group.”

25Maximum numbers of judges to be by reference to full-time equivalent numbers

10 The Senior Courts Act 1981 is amended as follows.

11 (1) Section 2 (the Court of Appeal) is amended as follows.

(2) In subsection (1) (composition of the Court of Appeal) for “of ex-officio
judges and not more than 38 ordinary judges” substitute “of—

(a) 30ex-officio judges, and

(b) ordinary judges, of whom the maximum full-time equivalent
number is 38”.

(3) In subsection (4) (power to increase maximum number of ordinary judges)
for “maximum number” substitute “maximum full-time equivalent
35number”.

(4) After subsection (6) insert—

“(7) For the purposes of this section the full-time equivalent number of
ordinary judges is to be calculated by taking the number of full-time
ordinary judges and adding, for each ordinary judge who is not a
40full-time ordinary judge, such fraction as is reasonable.”

12 (1) Section 4 (the High Court) is amended as follows.

(2) In subsection (1) (High Court to consist of ex-officio judges and not more
than 108 puisne judges) for paragraph (e) substitute—

“(e) the puisne judges of that court, of whom the maximum full-
time equivalent number is 108.”

(3) 5In subsection (4) (power to increase maximum number of puisne judges) for
“maximum number” substitute “maximum full-time equivalent number”.

(4) After subsection (6) insert—

“(7) For the purposes of this section the full-time equivalent number of
puisne judges is to be calculated by taking the number of full-time
10puisne judges and adding, for each puisne judge who is not a full-
time puisne judge, such fraction as is reasonable.”

13 In section 10(2) (power to appoint judges is subject to maximum numbers in
sections 2(1) and 4(1)) before “numbers” insert “full-time equivalent”.

Part 3 15Judicial Appointments Commission

Introductory

14 Part 1 of Schedule 12 to the Constitutional Reform Act 2005 (the members of
the Judicial Appointments Commission) is amended as follows.

Composition of the Judicial Appointments Commission

15 20In paragraph 1 (Commission consists of lay chairman and 14 other
Commissioners) for paragraph (b) substitute—

“(b) such number of other Commissioners as the Lord
Chancellor may specify by regulations made with the
agreement of the Lord Chief Justice,”.

16 25Omit paragraphs 2(2) to (5) and 4 to 6 (Commissioners other than the lay
chairman are to be drawn in specified proportions from among judicial
office holders, practising lawyers and lay persons).

17 After paragraph 3 (civil servants may not be appointed as Commissioners)
insert—

“3A 30The number of Commissioners who are holders of judicial office
must be less than the number of Commissioners (including the
chairman) who are not holders of judicial office.

3B (1) The Lord Chancellor may, by regulations made with the
agreement of the Lord Chief Justice, make provision about the
35composition of the Commission.

(2) The power to make regulations under this paragraph is to be
exercised so as to ensure that the Commission’s members
include—

(a) holders of judicial office,

(b) 40persons practising or employed as lawyers, and

(c) lay members.

(3) Regulations under this paragraph may (in particular)—