|
| |
| |
(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, |
| |
| |
(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. |
| |
| |
(1) | After complying with section 61(2) the selection panel must submit a report to |
| |
| 10 |
| |
(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 |
| |
64 | The Minister’s options |
| |
(1) | This section refers to the following stages— |
| |
| | | where a person has been selected under section 61 |
| | | | | | where a person has been selected following a rejection or |
| | 20 | | | | reconsideration at stage 1 |
| | | | | | 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 |
| |
(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 |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(a) | there is not enough evidence that the person is suitable for the office |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
67 | Selection of Lords Justices of Appeal |
| |
(1) | This section applies to a recommendation for appointment as a Lord Justice of |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
| |
(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. |
| |
| 5 |
(1) | On receiving a request the Commission must appoint a selection panel. |
| |
| |
(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 |
| |
| |
(4) | A selection panel is a committee of the Commission. |
| |
| 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 |
| |
| |
(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 |
| |
(9) | A person may not be appointed to the panel if he is willing to be considered for |
| |
| |
(10) | A person may not be appointed to the panel as the nominee of more than one |
| |
| 35 |
(11) | A person appointed to the panel otherwise than as a nominee may not be a |
| |
| |
(12) | The first member is the chairman of the panel. |
| |
| |
| |
|
| |
| |
(13) | On any vote by the panel the chairman of the panel has an additional, casting |
| |
vote in the event of a tie. |
| |
| |
(1) | After complying with section 68(2) the selection panel must submit a report to |
| |
| 5 |
| |
(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 |
| |
71 | The Minister’s options |
| |
(1) | This section refers to the following stages— |
| |
| | | where a person has been selected under section 68 |
| | | | | | where a person has been selected following a rejection or |
| | 15 | | | | reconsideration at stage 1 |
| | | | | | 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 |
| |
(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 |
| |
| |
(6) | In this section references to recommending a person are references to making |
| |
the recommendation for which he has been selected. |
| 35 |
| |
| |
|
