Crime and Courts Act 2013

Other changes in relation to selection process and complaints

69 (1) Section 95 (Lord Chancellor’s power to withdraw or modify a request) is amended as follows.

(2) In subsection (2) before paragraph (a) insert—

“(za) the Lord Chancellor may withdraw or modify a request in consequence of a vacancy, or perceived need for an additional office-holder, having been filled or partly filled by change in the amount of time required to be devoted to the duties of office by an existing holder of the office concerned;”.

(3) In that subsection after paragraph (b) insert—

“(ba) so far as a request relates to any pool membership, the Lord Chancellor may withdraw or modify it after consulting the Lord Chief Justice;”.

(4) In subsection (2)(c) (withdrawal of request where selection process unsatisfactory)—

(a) for “he”, in both places, substitute “the Lord Chancellor”, and

(b) for “or appointments” substitute “, appointments or pool memberships”.

(5) In subsection (3) (selection already accepted may not be changed in consequence of modification or part-withdrawal of request) after “accepted” insert “unconditionally or subject only to matters such as the selected person’s willingness and availability”.

(6) In subsection (4) (request may not be withdrawn on ground of unsatisfactory process after exercise of power to accept, reject or require reconsideration of selection) for the words after “if” substitute “a selection made pursuant to the request—

(a) has been accepted unconditionally or subject only to matters such as the selected person’s willingness and availability, or

(b) in exercise of power conferred by regulations under section 94C, has been rejected or required to be reconsidered.”