Part 4Judicial appointments and discipline
Chapter 2Appointments
Puisne judges and other office holders
I1C1C285Selection of puisne judges and other office holders
1
Sections 86 to F488 apply to—
a
a recommendation for an appointment to the office of puisne judge of the High Court;
b
a recommendation for an appointment to an office listed in Part 1 of Schedule 14 in exercise of Her Majesty's function under the enactment listed opposite that office;
c
an appointment to an office listed in F6Table 1 of Part 2 or 3 of that Schedule in exercise of the Lord Chancellor's function under the enactment listed opposite that office.
F5d
an appointment to an office listed in Table 2 of Part 2 of that Schedule in exercise of the Lord Chief Justice's function under the enactment listed opposite that office;
e
an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise of the function of the Senior President of Tribunals under the enactment listed opposite that office.
2
Any such recommendation or appointment must be made in accordance with those sections and section F794C and regulations made under it.
F12A
This section is subject to—
F9a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F11section 91(1ZB) of the Supreme Court Act 1981,
F10c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12d
section 94AA below.
3
The Lord Chancellor may by order make any of the following amendments to Schedule 14—
a
an amendment which adds a reference to an enactment under which appointments are made to an office;
b
an amendment which adds a reference to an office to which appointments are made under an enactment;
c
an amendment consequential on the abolition or change of name of an office;
d
an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office.
F24
F35
The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order.
6
An office may not be specified in an order under subsection (5) if—
a
the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies the single condition specified in the provisions, and
b
that condition is one of the conditions listed in subsection (8).
7
An office may not be specified in an order under subsection (5) if—
a
the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies one or some other particular number or all, or at least one or at least some other particular number, of several conditions specified in the provisions, and
b
at least one of the conditions specified in the provisions is listed in subsection (8).
8
The conditions are—
a
that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number);
b
that the person is a solicitor in Scotland of at least a particular number of years' standing;
c
that the person is an advocate in Scotland of at least a particular number of years' standing;
d
that the person is a solicitor in Northern Ireland of at least a particular number of years' standing;
e
that the person is a barrister in Northern Ireland of at least a particular number of years' standing.
9
Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.
10
An order under subsection (5)—
a
may make different provision for different purposes;
b
may make consequential, transitory, transitional or saving provision.