Justice (Northern Ireland) Act 2002

5 Appointment to listed judicial offices

(1) Schedule 3 transfers to the First Minister and deputy First Minister, acting jointly, the power to make appointments, or recommendations for appointment, to listed judicial offices and makes provision about associated functions.

(2) Only a person selected by the Commission may be appointed, or recommended for appointment, to a listed judicial office.

(3) The First Minister and deputy First Minister, acting jointly, may at any time by notice require the Commission to select a person to be appointed, or recommended for appointment, to a listed judicial office.

(4) When the Commission is so required, it must—

(a) inform the Office of the First Minister and deputy First Minister of the person selected to be appointed, or recommended for appointment, to the office, and

(b) make a report to that Office on its process of selection, indicating the basis of its decision to select that person.

(5) If the First Minister and deputy First Minister do not (within a reasonable time after receiving the report under subsection (4)(b)) appoint or recommend for appointment the person selected by the Commission, they must by notice require the Commission to reconsider its decision; and the notice must include a statement of their reasons for requiring it to do so.

(6) If the Commission is required to reconsider its decision, it must—

(a) after doing so, either re-affirm its selection or select a different person to be appointed, or recommended for appointment, to the office,

(b) inform the Office of the First Minister and deputy First Minister of the outcome of its reconsideration, and

(c) make a report to that Office indicating the basis of the decision made by it after its reconsideration.

(7) The First Minister and deputy First Minister must, on being informed by the Commission of the outcome of the reconsideration of its decision, appoint, or recommend for appointment, the person selected by the Commission after the reconsideration.

(8) The Commission must, so far as it is reasonably practicable to do so, secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office.

(9) But the selection of the person to be appointed, or recommended for appointment, to the listed judicial office (whether initially or after reconsideration) must be made solely on the basis of merit.