Constitutional Reform Act 2005

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3(1)This paragraph applies if both of the following conditions are met—E+W+S+N.I.

(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.