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Constitutional Reform Act 2005

Constitutional Reform Act 2005

2005 CHAPTER 4

Commentary on Sections

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

Section 93: Reconsideration of decision not to select

302.Section 88, which provides for the Commission to apply a selection process in response to a request from the Lord Chancellor, allows for the fact that the Commission may find that the selection process has not identified candidates of sufficient merit for them to make a selection. Section 93 provides that if the Commission informs the Lord Chancellor that it is unable to make a selection because there are no candidates of sufficient merit, he may require it to reconsider, and they must inform him of any person then selected. If the Commission makes a selection on reconsideration, the Lord Chancellor will have the same options in relation to appointment as in ordinary cases.

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