Wales Act 2017

Withdrawal and modification of requests

8 (1) The Lord Chief Justice may withdraw a request under paragraph 2(5)—

(a) with the agreement of the Welsh Ministers, or

(b) if, after consulting Welsh Ministers, the Lord Chief Justice considers the selection process determined by the selection panel is not satisfactory, or has not been applied satisfactorily.

(2) The Lord Chief Justice may modify a request under paragraph 2(5) with the agreement of the Welsh Ministers.

(3) If a request is withdrawn in part or modified, the selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted.

(4) The Lord Chief Justice may not withdraw a request under sub-paragraph (1)(b) if a selection made pursuant to the request—

(a) has been accepted unconditionally or subject only to matters such as the selected person’s willingness and availability, or

(b) in exercise of power conferred by regulations under paragraph 7, has been rejected or required to be reconsidered.

(5) Any withdrawal or modification of a request must be by notice in writing to the Commission.

(6) In the case of a withdrawal of a request, the notice must state whether it is under sub-paragraph (1)(a) or (b).

(7) In the case of a withdrawal under sub-paragraph (1)(b), the notice must state why the Lord Chief Justice considers the selection process determined by the selection panel is not satisfactory, or has not been applied satisfactorily.

(8) If or to the extent that a request is withdrawn—

(a) the preceding provisions of this Part of this Schedule cease to apply in relation to it;

(b) any selection made on it is to be disregarded.

(9) Withdrawal of a request to any extent does not affect the power of the Lord Chief Justice to make another request in the same or different terms.