In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (as substituted by section 4 of the 2002 Act) for subsections (3) to (5) (consultations by Prime Minister before making recommendations to Her Majesty as to appointment of Lord Chief Justice or Lord Justice of Appeal) substitute—
“(3)Before making any recommendation to Her Majesty concerning an appointment under subsection (1) or (2) the Prime Minister shall—
(a)require the First Minister and deputy First Minister, acting jointly, to make a recommendation to him concerning the appointment in such form as the Prime Minister may specify, and
(b)consider any recommendation so made.
(4)Before making any recommendation under subsection (3)(a) the First Minister and deputy First Minister shall consult the Lord Chief Justice or, if the office of Lord Chief Justice is vacant or he is not available, the most senior Lord Justice of Appeal who is available.
(5)The Northern Ireland Judicial Appointments Commission shall give to the First Minister and deputy First Minister advice as to the procedure which, whenever they are required by the Prime Minister to make any recommendation under subsection (3)(a), they should adopt for formulating that recommendation.
(6)After considering that advice, the First Minister and deputy First Minister acting jointly shall, with the approval of the Prime Minister, determine the procedure which, whenever they are required by the Prime Minister to make any recommendation under subsection (3)(a), they are to adopt for formulating that recommendation and on each occasion on which they are so required, they shall adopt that procedure.”