SCHEDULES

SCHEDULE 1Senior President of Tribunals

Part 1Recommendations for appointment

2The two routes to a recommendation: agreement under this paragraph or selection under Part 2

1

Before the Lord Chancellor may recommend a person for appointment to the office of Senior President of Tribunals, the Lord Chancellor must consult—

a

the Lord Chief Justice of England and Wales,

b

the Lord President of the Court of Session, and

c

the Lord Chief Justice of Northern Ireland.

2

Sub-paragraphs (3) and (4) apply if—

a

the outcome of consultation under sub-paragraph (1) is agreement between—

i

the Lord Chancellor,

ii

the Lord Chief Justice of England and Wales,

iii

the Lord President of the Court of Session, and

iv

the Lord Chief Justice of Northern Ireland,

as to the person to be recommended, and

b

the person is—

i

an ordinary judge of the Court of Appeal in England and Wales,

ii

a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court, or

iii

a Lord Justice of Appeal in Northern Ireland.

3

The Lord Chancellor must recommend the person for appointment to the office of Senior President of Tribunals, subject to sub-paragraph (4).

4

Where the person—

a

declines to be recommended, or does not agree within a time specified to him for that purpose, or

b

is otherwise not available within a reasonable time to be recommended,

the Lord Chancellor must, instead of recommending the person for appointment, consult afresh under sub-paragraph (1).

5

If the Lord Chancellor has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, the Lord Chancellor must make a request to the Judicial Appointments Commission for a person to be selected for recommendation for appointment to the office of Senior President of Tribunals.