SCHEDULES
SCHEDULE 5President of Welsh Tribunals
Part 2Selection by the Judicial Appointments Commission
7Regulations about selection
1
The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice and the Welsh Ministers—
a
make further provision about the process to be applied in a case where the Commission receives a request under paragraph 2(5);
b
make further provision about—
i
membership of selection panels appointed under paragraph 4, and
ii
the process that is to be applied in a case where a selection panel is required to be appointed under that paragraph;
c
secure, subject to paragraph 8 and any provision within sub-paragraph (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person’s willingness and availability, by or on behalf of the Lord Chief Justice.
2
The regulations may in particular—
a
provide for process additional to the selection process applied under paragraph 4(4), including post-acceptance process;
b
make provision as to things that are, or as to things that are not, to be done—
i
as part of the selection process applied under paragraph 4(4), or
ii
in determining what that process is to be;
c
d
give powers to the Lord Chief Justice, including—
i
power to require a selection panel to reconsider a selection under paragraph 4(4) or any subsequent selection,
ii
power to reject a selection under paragraph 4(4) or any subsequent selection, and
iii
power to require the reconsideration of a decision mentioned in paragraph (c);
e
provide for particular action to be taken by the Commission or a selection panel after the panel has complied with paragraph 4;
f
provide for the dissolution of a selection panel appointed under paragraph 4;
g
provide for a person to cease to be a member of such a panel where the person’s membership of the panel ceases to contribute to meeting a requirement about the panel’s members;
h
provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person’s membership of the panel ceases to contribute to meeting a requirement about the panel’s members;
i
make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected;
j
provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions given to the Lord Chief Justice by the regulations;
k
make provision as to the meaning of “non-legally-qualified” and “judicial member” in paragraph 4(3).
3
Regulations under this paragraph—
a
may make different provision for different purposes;
b
may make transitory, transitional or saving provision.
4
The power to make regulations under this paragraph is exercisable by statutory instrument.
A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5
This paragraph is subject to paragraph 8.