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Constitutional Reform Bill [HL]


Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

28

 

(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

5

Supreme Court who has held high judicial office in England and Wales before

appointment to the Court.

63      

Report

(1)   

After complying with section 61(2) the selection panel must submit a report to

the Minister.

10

(2)   

The report must—

(a)   

state who has been selected;

(b)   

contain any other information required by the Minister.

(3)   

The report must be in a form approved by the Minister.

(4)   

After submitting the report the panel must provide any further information the

15

Minister may require.

64      

The Minister’s options

(1)   

This section refers to the following stages—

 

Stage 1:

where a person has been selected under section 61

 
 

Stage 2:

where a person has been selected following a rejection or

 

20

  

reconsideration at stage 1

 
 

Stage 3:

where a person has been selected following a rejection or

 
  

reconsideration at stage 2.

 

(2)   

At stage 1 the Minister must do one of the following—

(a)   

recommend the person selected;

25

(b)   

reject the selection;

(c)   

require the selection panel to reconsider the selection.

(3)   

At stage 2 the Minister must do one of the following—

(a)   

recommend the person selected;

(b)   

reject the selection, but only if it was made following a reconsideration

30

at stage 1;

(c)   

require the selection panel to reconsider the selection, but only if it was

made following a rejection at stage 1.

(4)   

At stage 3 the Minister must recommend the person selected, unless subsection

(5) applies and he makes a recommendation under it.

35

(5)   

If a person whose selection the Minister required to be reconsidered at stage 1

or 2 was not selected again at the next stage, the Minister may recommend that

person at stage 3.

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

29

 

(6)   

In this section references to recommending a person are references to making

the recommendation for which he has been selected.

65      

Exercise of powers to reject or require reconsideration

(1)   

The power of the Minister under section 64 to reject a selection at stage 1 or 2

is exercisable only on the grounds that, in the Minister’s opinion, the person

5

selected is not suitable for the office concerned.

(2)   

The power of the Minister under section 64 to require the selection panel to

reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in

the Minister’s opinion—

(a)   

there is not enough evidence that the person is suitable for the office

10

concerned, or

(b)   

there is evidence that the person is not the best candidate on merit.

(3)   

The Minister must give the selection panel reasons in writing for rejecting or

requiring reconsideration of a selection.

66      

Selection following rejection or requirement to reconsider

15

(1)   

If under section 64 the Minister rejects or requires reconsideration of a selection

at stage 1 or 2, the selection panel must select a person in accordance with this

section.

(2)   

If the Minister rejects a selection, the selection panel—

(a)   

may not select the person rejected, and

20

(b)   

where the rejection is following reconsideration of a selection, may not

select the person (if different) whose selection it reconsidered.

(3)   

If the Minister requires a selection to be reconsidered, the selection panel—

(a)   

may select the same person or a different person, but

(b)   

where the requirement is following a rejection, may not select the

25

person rejected.

(4)   

The selection panel must inform the Minister of the person selected following

a rejection or a requirement to reconsider.

(5)   

Subsections (2) and (3) do not prevent a person being selected on a subsequent

request under section 60.

30

Lords Justices of Appeal

67      

Selection of Lords Justices of Appeal

(1)   

This section applies to a recommendation for appointment as a Lord Justice of

Appeal.

(2)   

A recommendation may be made only under section 71.

35

(3)   

If there is a vacancy among the Lords Justices of Appeal the Minister must,

unless the Lord Chief Justice agrees otherwise, make a recommendation to fill

the vacancy.

(4)   

For the purposes of subsection (3) a vacancy arises only on a Lord Justice of

Appeal vacating his office after the commencement of this section.

40

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

30

 

(5)   

A request for the selection of a person to be recommended must be made by

the Minister to the Commission.

(6)   

Before making a request the Minister must consult the Lord Chief Justice.

(7)   

Sections 68 to 73 apply where the Minister makes a request under this section.

68      

Selection process

5

(1)   

On receiving a request the Commission must appoint a selection panel.

(2)   

The panel must—

(a)   

determine the selection process to be applied,

(b)   

apply the selection process, and

(c)   

make a selection accordingly.

10

(3)   

Any selection under this section or section 73 must be of one person only (but

a request may be for a selection to be made for each of a number of

appointments).

(4)   

A selection panel is a committee of the Commission.

69      

Selection panel

15

(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 Head of Division or Lord Justice of Appeal designated

by the Lord Chief Justice.

(4)   

Unless subsection (7) applies, the third member is the chairman of the

20

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

25

(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

30

Justice of Appeal.

(9)   

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

selection.

(10)   

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

person.

35

(11)   

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.

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

31

 

(13)   

On any vote by the panel the chairman of the panel has an additional, casting

vote in the event of a tie.

70      

Report

(1)   

After complying with section 68(2) the selection panel must submit a report to

the Minister.

5

(2)   

The report must—

(a)   

state who has been selected;

(b)   

contain any other information required by the Minister.

(3)   

The report must be in a form approved by the Minister.

(4)   

After submitting the report the panel must provide any further information the

10

Minister may require.

71      

The Minister’s options

(1)   

This section refers to the following stages—

 

Stage 1:

where a person has been selected under section 68

 
 

Stage 2:

where a person has been selected following a rejection or

 

15

  

reconsideration at stage 1

 
 

Stage 3:

where a person has been selected following a rejection or

 
  

reconsideration at stage 2.

 

(2)   

At stage 1 the Minister must do one of the following—

(a)   

recommend the person selected;

20

(b)   

reject the selection;

(c)   

require the selection panel to reconsider the selection.

(3)   

At stage 2 the Minister must do one of the following—

(a)   

recommend the person selected;

(b)   

reject the selection, but only if it was made following a reconsideration

25

at stage 1;

(c)   

require the selection panel to reconsider the selection, but only if it was

made following a rejection at stage 1.

(4)   

At stage 3 the Minister must recommend the person selected, unless subsection

(5) applies and he makes a recommendation under it.

30

(5)   

If a person whose selection the Minister required to be reconsidered at stage 1

or 2 was not selected again at the next stage, the Minister may recommend that

person at stage 3.

(6)   

In this section references to recommending a person are references to making

the recommendation for which he has been selected.

35

 
 

 
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Revised 22 December 2004