Part 4Judicial appointments and discipline
Chapter 2Appointments
Puisne judges and other office holders
I1C1C285Selection of puisne judges and other office holders
1
Sections 86 to F688 apply to—
a
a recommendation for an appointment to the office of puisne judge of the High Court;
b
a recommendation for an appointment to an office listed in Part 1 of Schedule 14 in exercise of Her Majesty's function under the enactment listed opposite that office;
c
an appointment to an office listed in F8Table 1 of Part 2 or 3 of that Schedule in exercise of the Lord Chancellor's function under the enactment listed opposite that office.
F7d
an appointment to an office listed in Table 2 of Part 2 of that Schedule in exercise of the Lord Chief Justice's function under the enactment listed opposite that office;
e
an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise of the function of the Senior President of Tribunals under the enactment listed opposite that office.
2
Any such recommendation or appointment must be made in accordance with those sections and section F994C and regulations made under it.
F12A
This section is subject to—
F24a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F26section 91(1ZB) of the Supreme Court Act 1981,
F25c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27d
section 94AA below.
3
The Lord Chancellor may by order make any of the following amendments to Schedule 14—
a
an amendment which adds a reference to an enactment under which appointments are made to an office;
b
an amendment which adds a reference to an office to which appointments are made under an enactment;
c
an amendment consequential on the abolition or change of name of an office;
d
an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office.
F24
F55
The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order.
6
An office may not be specified in an order under subsection (5) if—
a
the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies the single condition specified in the provisions, and
b
that condition is one of the conditions listed in subsection (8).
7
An office may not be specified in an order under subsection (5) if—
a
the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies one or some other particular number or all, or at least one or at least some other particular number, of several conditions specified in the provisions, and
b
at least one of the conditions specified in the provisions is listed in subsection (8).
8
The conditions are—
a
that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number);
b
that the person is a solicitor in Scotland of at least a particular number of years' standing;
c
that the person is an advocate in Scotland of at least a particular number of years' standing;
d
that the person is a solicitor in Northern Ireland of at least a particular number of years' standing;
e
that the person is a barrister in Northern Ireland of at least a particular number of years' standing.
9
Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.
10
An order under subsection (5)—
a
may make different provision for different purposes;
b
may make consequential, transitory, transitional or saving provision.
86Duty to fill vacancies
1
The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14.
F111A
The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Lord Chief Justice that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 2 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.
1B
The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Senior President of Tribunals that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 3 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.
2
The Lord Chancellor must make an appointment to fill any vacancy in an office listed in F14Table 1 of Part 2 or 3 of that Schedule.
F122A
The Lord Chief Justice must make an appointment to fill any vacancy in an office listed in Table 2 of Part 2 of that Schedule.
2B
The Senior President of Tribunals must make an appointment to fill any vacancy in an office listed in Table 2 of Part 3 of that Schedule.
3
Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
F134
Subsections (2A) and (2B) do not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.
87Request for selection
1
The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies.
F151A
The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, and a person may become a member of such a pool only by selection on a request under this subsection.
2
Before making a request the Lord Chancellor must consult the Lord Chief Justice.
3
A request may relate to more than one recommendation or appointment.
4
F16Section 88 applies where the Lord Chancellor makes a request under this section.
5
F17That section is subject to section 95 (withdrawal and modification of requests).
88Selection process
1
On receiving a request the Commission must—
a
determine the selection process to be applied,
b
apply the selection process, and
c
make a selection accordingly.
F182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
One person only may be selected for each recommendation F20, appointment or pool membership to which a request relates.
5
Subsection (4) applies to selection under this section and to selection under F21regulations under section 94C.
F489Report
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F490The Lord Chancellor's options
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F491Exercise of powers to reject or require reconsideration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F492Selection following rejection or requirement to reconsider
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F493Reconsideration of decision not to select
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2294Power to require persons to be identified for future requests
1
If the Lord Chancellor gives the Commission notice of a request which the Lord Chancellor expects to make under section 87, the Commission must seek to identify persons it considers would be suitable for selection on the request.
2
The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about how the Commission is to comply with a duty imposed on it by subsection (1).
3
The regulations may in particular—
a
make provision as to things that are, or as to things that are not, to be done—
i
in complying with such a duty, or
ii
in determining how to comply with such a duty;
b
provide for the making of reports.
4
Regulations under this section—
a
may make different provision for different purposes;
b
may make consequential, supplementary, transitory, transitional or saving provision.
F3094AAppointments not subject to section 85: courts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94AAF3Appointments not subject to section 85: High Court deputy judge
1
Where this section applies to an appointment, section 85 does not apply.
2
This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that—
a
there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court F23or any other court or tribunal to which a deputy judge of the High Court may be deployed,
b
it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and
c
there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business.
3
An appointment to which this section applies is to be made—
a
so as not to extend beyond the day on which the particular business concerned is concluded, or
b
so as not to extend beyond the later of—
i
the day on which the business is concluded, or
ii
the day expected when the appointment is made to be the day on which the business is concluded.
F3194BAppointments not subject to section 85: tribunals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .