Explanatory Notes

Constitutional Reform Act 2005

2005 CHAPTER 4

24 March 2005

Commentary on Sections

Schedule 14: the Judicial Appointments Commission: relevant functions and offices

Section 91: Exercise of powers to reject or require reconsideration

300.The Lord Chancellor can only use his power in section 90 to reject a selection outright if, in his opinion, the person selected is not suitable for the office concerned, or for particular functions of that office. He can only require reconsideration if, in his opinion, there is not enough evidence that the selected person is suitable for the office concerned or for particular functions of that office, or there is evidence that the person is not the best candidate on merit. If the Lord Chancellor either rejects a selection or requires it to be reconsidered, he must give his reasons in writing.