SCHEDULES

SCHEDULE 12The Judicial Appointments Commission

Part 1The Commissioners

The Commissioners

1

The Commission consists of—

a

a chairman, and

b

14 other Commissioners,

appointed by Her Majesty on the recommendation of the Lord Chancellor.

2

1

The chairman must be a lay member.

2

Of the other Commissioners—

a

5 must be judicial members,

b

2 must be professional members,

c

5 must be lay members,

d

1 other must be the holder of an office listed in Part 3 of Schedule 14, and

e

1 other must be a lay justice member.

3

Of the Commissioners appointed as judicial members—

a

1 must be a Lord Justice of Appeal;

b

1 must be a puisne judge of the High Court;

c

1 other must be either a Lord Justice of Appeal or a puisne judge of the High Court;

d

1 must be a circuit judge;

e

1 must be a district judge of a county court, a District Judge (Magistrates' Courts) or a person appointed to an office under section 89 of the Supreme Court Act 1981 (c. 54).

4

Of the Commissioners appointed as professional members—

a

1 must be a practising barrister in England and Wales;

b

1 must be a practising solicitor of the Senior Courts of England and Wales.

5

A Commissioner is not to be taken into account for the purposes of any paragraph of sub-paragraph (2) unless he was appointed for the purposes of that paragraph.

3

A person must not be appointed as a Commissioner if he is employed in the civil service of the State.

4

1

A judicial member is a person who holds an office listed in paragraph 2(3) and who is not a practising lawyer.

2

A professional member is a person who is—

a

a practising barrister in England and Wales, or

b

a practising solicitor of the Senior Courts of England and Wales.

3

A lay member is a person resident in England or Wales who has never held a listed judicial office or been a practising lawyer.

4

A lay justice member is a justice of the peace who—

a

holds no other listed judicial office, or no other except that of General Commissioner,

b

is not a practising barrister in England and Wales, and

c

is not a practising solicitor of the Senior Courts of England and Wales.

5

1

The Lord Chancellor may by order amend any of the following provisions by substituting a number for the number of Commissioners for the time being specified there—

a

paragraph 1(b);

b

any paragraph of paragraph 2(2);

c

any paragraph of paragraph 2(3);

d

any paragraph of paragraph 2(4).

2

That is subject to the following—

a

the total of the numbers in paragraph 2(2) must be the number in paragraph 1(b);

b

the total of the numbers in paragraph 2(3) must be the number in paragraph 2(2)(a);

c

the total of the numbers in paragraph 2(4) must be the number in paragraph 2(2)(b);

d

the number substituted in any provision must not be less than the number specified in that provision as originally enacted.

3

The Lord Chancellor may not make an order under this paragraph without the agreement of the Lord Chief Justice.

6

1

In this Schedule—

  • “judicial member” has the meaning given by paragraph 4(1);

  • “lay member” has the meaning given by paragraph 4(3);

  • “listed judicial office” means an office listed in Schedule 14;

  • “practising” is to be read in accordance with sub-paragraphs (2) and (3);

  • “practising lawyer” means—

    1. a

      a practising barrister in England and Wales;

    2. b

      a practising solicitor of the Senior Courts of England and Wales;

    3. c

      a practising advocate in Scotland;

    4. d

      a practising solicitor in Scotland;

    5. e

      a practising member of the Bar of Northern Ireland;

    6. f

      a practising solicitor of the Court of Judicature of Northern Ireland;

  • “professional member” has the meaning given by paragraph 4(2);

  • “senior Head of Division” means—

    1. a

      the Master of the Rolls;

    2. b

      if that office is vacant, the President of the Queen's Bench Division;

    3. c

      if both of those offices are vacant, the President of the Family Division;

    4. d

      if all of those offices are vacant, the Chancellor of the High Court.

2

A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

a

practising as such,

b

employed to give legal advice, or

c

providing legal advice under a contract for services.

3

A solicitor of the Senior Courts of England and Wales, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—

a

acting as such,

b

employed to give legal advice, or

c

providing legal advice under a contract for services.