Wales Act 2017

Part 1 Appointment

Duty to fill vacancies

1 (1) If there is a vacancy in the office of President of Welsh Tribunals, the Lord Chief Justice must appoint a person to that office.

(2) Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers all agree that it may remain unfilled.

(3) In this Schedule “the Lord Chief Justice” means the Lord Chief Justice of England and Wales.

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

2 (1) The Lord Chief Justice, before he or she may appoint a person to the office of President of Welsh Tribunals, must consult—

(a) the Lord Chancellor, and

(b) the Welsh Ministers.

(2) Sub-paragraphs (3) and (4) apply if—

(a) the outcome of consultation under sub-paragraph (1) is agreement between the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers as to the person to be appointed, and

(b) the person holds or has held office as—

(i) an ordinary judge of the Court of Appeal in England and Wales, or

(ii) a puisne judge of the High Court.

(3) The Lord Chief Justice must appoint the person to the office of President of Welsh Tribunals, subject to sub-paragraph (4).

(4) Where the person—

(a) declines to be appointed, or does not agree within a time specified to him or her for that purpose, or

(b) is otherwise not available within a reasonable time to be appointed,

the Lord Chief Justice must, instead of appointing the person, consult afresh under sub-paragraph (1).

(5) If the Lord Chief Justice has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, he or she must make a request to the Judicial Appointments Commission (“the Commission”) for a person to be selected for appointment to the office of President of Welsh Tribunals.