xmlns:atom="http://www.w3.org/2005/Atom"

PART 6Selection of puisne judges and other office holders

The appropriate authority’s options

32.—(1) Before exercising the powers under this regulation at any stage in relation to a selection for an appointment or recommendation the appropriate authority must—

(a)consult any person whom the appropriate authority is required by any enactment to consult before the appointment or recommendation is made;

(b)consult the Scottish Ministers if it appears to the appropriate authority to be an appointment or recommendation for the appointment, of a person to exercise functions wholly or mainly in Scotland.

(2) This regulation refers to the following stages—

(a)Stage 1 – where a person has been selected under section 88(1).

(b)Stage 2 – where a person has been selected following a rejection or reconsideration at stage 1.

(c)Stage3 – where a person has been selected following a rejection or reconsideration at stage 2.

(3) At stage 1 the appropriate authority must do one of the following—

(a)accept the selection;

(b)reject the selection; or

(c)require the Commission to reconsider the selection.

(4) At stage 2 the appropriate authority must do one of the following—

(a)accept the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1; or

(c)require the Commission to reconsider the selection, but only if it was made following a rejection at stage 1.

(5) At stage 3 the appropriate authority must accept the selection unless paragraph (6) applies and the appropriate authority accepts a selection under it.

(6) If a person whose selection the appropriate authority required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the appropriate authority may, at stage 3, accept the selection made at that earlier stage.