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Constitutional Reform Act 2005

Section 30: Exercise of powers to reject or require reconsideration

118.This section details the grounds upon which the Lord Chancellor can exercise his powers to reject or require reconsideration of a selection, as provided for in section 29.

119.The right of rejection is only exercisable according to subsection (1) when in the Lord Chancellor’s opinion the person selected is not suitable for the office concerned.

120.The right to require reconsideration, as stated in subsection (2), is exercisable under three conditions subject to the Lord Chancellor’s opinion. The Lord Chancellor can ask for reconsideration if he feels there is not enough evidence that the person is suitable for office; if he feels there is not enough evidence that person is the best candidate on merit; or if there is not enough evidence that the judges of the Court will between them have enough knowledge of, and experience in the laws of each parts of the United Kingdom, following the new appointment.

121.Should the Lord Chancellor exercise either of these options, under subsection (3) the Lord Chancellor must provide his reasons in writing.

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