Constitutional Reform Act 2005

Selection of commissioners

7 (1) The Lord Chancellor may recommend a person for appointment as a Commissioner for the purposes of paragraph (a), (b) or (c) of paragraph 2(3) only if—

(a) he has requested the Judges' Council to select a person to be appointed for the purposes of that paragraph;

(b) the person has been selected by the Judges' Council in accordance with that request, and

(c) the requirements of sub-paragraph (7) have been complied with.

(2) The Lord Chancellor may recommend a person for appointment as a Commissioner for the purposes of paragraph 1(a), any other paragraph of paragraph 2(3), any paragraph of paragraph 2(4) or any of paragraphs (c) to (e) of paragraph 2(2) only if—

(a) he has requested a panel appointed by him to select a person or (as the panel may determine) more than one person for the purposes of such a recommendation, and

(b) the person he recommends is the person or one of the persons selected.

(3) Subject to sub-paragraph (1), the Lord Chancellor must recommend for appointment any person selected by the Judges' Council.

(4) A request under this paragraph must specify the provision for the purposes of which the appointment is to be made.

(5) A request may specify the time within which a person is to be selected.

(6) The Lord Chancellor may appoint different panels for the purposes of different requests.

(7) A selection by the Judges' Council must be notified to the Lord Chancellor in a report which gives reasons for the selection.

(8) In this paragraph references to the Judges' Council are to be read as references to a body designated for the purposes of this Schedule by the Lord Chief Justice.