Constitutional Reform Act 2005 Explanatory Notes

Appointment of judges

Section 25: Qualification for Appointment

71.This Section defines eligibility for appointment as a judge of the Supreme Court, which will be the same as eligibility for appointment as a Lord of Appeal in Ordinary.

72.Subsection (1) sets out the qualifying requirements for appointment as a Supreme Court judge. There are two separate possible routes to qualification. First, a person is eligible if he has held high judicial office, as defined in subsections (1) and (2) of section 54, for at least 2 years.

73.Alternatively, to qualify for appointment as a Supreme Court judge, a person would have to have been a qualifying practitioner for at least 15 years.

74.Subsection (2) defines “qualifying practitioner” for the purposes of this section .

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