Constitutional Reform Act 2005 (c. 4)

Part 4 U.K. Judicial appointments and discipline

Chapter 2 U.K. Appointments

Supplementary provisions about selection U.K.

97 Scotland and Northern Ireland U.K.

(1) [F1 Subsections (2) and (3) apply] to consultation that a person is required to undertake under any of these provisions—

(a) section 87(2);

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (ca) section 94B(2);]

(d) section [F4 95(2)(b)] or (c),

F5 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.

(3) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland.

[F6 (4) Subsections (2) and (3) apply to the reference in section 94A(1) [F7 or 95(2)(a)] to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

(5) The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)—

(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b) the Senior President of Tribunals.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act);

(c) the Senior President of Tribunals.]

Textual Amendments

F1 Words in s. 97(1) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 53(6)(a)

F2 S. 97(1)(b)(c) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 70(2)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F3 S. 97(1)(ca) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 53(6)(b)

F4 Word in s. 97(1)(d) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 70(2)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F5 S. 97(1)(e) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 70(2)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F6 S. 97(4)-(6) added (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 53(7)

F7 Words in s. 97(4) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 70(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)