Constitutional Reform Act 2005

27 Selection process

(1) The commission must—

(a) determine the selection process to be applied,

(b) apply the selection process, and

(c) make a selection accordingly.

(2) As part of the selection process the commission must consult each of the following—

(a) such of the senior judges as are not members of the commission and are not willing to be considered for selection;

(b) the Lord Chancellor;

(c) the First Minister in Scotland;

(d) the Assembly First Secretary in Wales;

(e) the Secretary of State for Northern Ireland.

(3) If for any part of the United Kingdom no judge of the courts of that part is to be consulted under subsection (2)(a), the commission must consult as part of the selection process the most senior judge of the courts of that part who is not a member of the commission and is not willing to be considered for selection.

(4) Subsections (5) to (10) apply to any selection under this section or section 31.

(5) Selection must be on merit.

(6) A person may be selected only if he meets the requirements of section 25.

(7) A person may not be selected if he is a member of the commission.

(8) In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.

(9) The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.

(10) Any selection must be of one person only.