The Courts Boards (Appointments and Procedure) Regulations 2004

Appointment of members of courts boards who are not judges

5.—(1) This regulation has effect in relation to the appointment of members of courts boards except for those to which regulation 6 applies, and except as provided by regulation 8.

(2) The Lord Chancellor must not make such appointments otherwise than in accordance with this regulation.

(3) Where he is considering making an appointment, the Lord Chancellor must—

(a) identify, and publish in such manner as he considers appropriate—

(i) the qualities and abilities which in his view are likely to be the most relevant, and

(ii) any experience and qualifications which in his view are likely to be relevant,

in considering the suitability of candidates to be appointed; and

(b) identify the candidates from among whom the appointment may be made.

(4) Before taking the steps set out in paragraph (3), the Lord Chancellor must consult a person who has been trained in a manner approved by the Commissioner for Public Appointments to act as an independent appointments assessor.

(5) Before making an appointment, the Lord Chancellor must notify a courts board appointments advisory panel of—

(a) the matters and candidates which he has identified under paragraph (3) above, and

(b) which of the descriptions mentioned in sub-paragraphs (b) to (d) of paragraph 2 of Schedule 1 to the Act he considers requires to be satisfied in the case of the person to be appointed (the `relevant description').

(6) On being notified under paragraph (5), a courts board appointments advisory panel must consider the extent to which each candidate—

(a) satisfies the relevant description, and

(b) taking into account the matters which the Lord Chancellor has identified under sub-paragraph (3)(a), appears to it to be a suitable person to be appointed,

and must accordingly make such recommendations about appointment to the Lord Chancellor as it considers appropriate.

(7) The Lord Chancellor must supply a courts board appointments advisory panel with such further information as it reasonably requires for the purpose of discharging its functions under paragraph (6).

(8) Before making an appointment, the Lord Chancellor must take into account the recommendations made under paragraph (6).