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 31: Selection following rejection or requirement to reconsider

122.This section makes provision for the process that the selection commission must follow if the Lord Chancellor requests reconsideration of a selection, or rejects a selection, under section 29.

123.As provided by subsections (2) and (3) the commission can never put forward a candidate whose selection has been rejected at any stage of the process.

124.Subsection (3) provides that the commission can reselect a candidate whose selection the Lord Chancellor has requested be reconsidered or provide another candidate, but not a candidate whose selection has already been rejected.

125.Subsection (4) states that the commission must inform the Lord Chancellor of the person selected following rejection or requirement for reconsideration.