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SCHEDULES

SCHEDULE 8Supreme Court selection commissions

Part 1Membership

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.