Constitutional Reform Act 2005

Special rules where President’s or Deputy President’s place unfilled

3 (1) This paragraph applies if both of the following conditions are met—

(a) the President’s place on a selection commission is unfilled;

(b) the Deputy President’s place on a selection commission is unfilled.

(2) The unfilled places on the commission are to be taken by the following persons—

(a) the most senior ordinary judge of the Supreme Court;

(b) the second most senior ordinary judge.

(3) If neither of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are to be members of the commission instead—

(a) the most senior judge of the courts of England and Wales;

(b) the most senior judge of the courts of Scotland;

(c) the most senior judge of the courts of Northern Ireland.

(4) If only one of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are also to be members of the commission—

(a) the most senior judge of the courts of England and Wales, unless that jurisdiction is already represented;

(b) the most senior judge of the courts of Scotland, unless that jurisdiction is already represented;

(c) the most senior judge of the courts of Northern Ireland, unless that jurisdiction is already represented.

(5) For the purposes of sub-paragraph (4) a jurisdiction is already represented if it is the home jurisdiction of the judge who has taken a place on the selection commission in accordance with sub-paragraph (2).

(6) Any person disqualified under paragraph 5 is to be disregarded in determining the most senior or second most senior judge for the purposes of any provision of this paragraph.