Explanatory Notes

Constitutional Reform Act 2005

2005 CHAPTER 4

24 March 2005

Commentary on Sections

Part 3 Duty to Convene Commission: Special Rules

Selection commission for the Office of Judge

Section 28: Report

105.This section sets out the stage after the commission has made a selection under the process set out in Section 27.

106.Subsection (1) provides that after a selection has been made the commission must submit a report to the Lord Chancellor stating who has been selected and containing the information set out in subsections (2), (3) and (4) (that information being essentially that which is required to enable the Lord Chancellor to exercise his options under section 29 on a properly informed basis).

107.Before choosing to exercise one of his options set out in section 29 the Lord Chancellor, having received the report, must (under subsection (5)) consult the senior judges (or other judges) who were consulted by the commission, the First Minister in Scotland, the Assembly First Secretary in Wales and the Secretary of State for Northern Ireland.