SCHEDULES

SCHEDULE 5President of Welsh Tribunals

Part 2Selection by the Judicial Appointments Commission

Effect of acceptance of selection

I19

1

Subject to the following provisions of this paragraph, where the Lord Chief Justice accepts a selection made under paragraph 4(4) he or she must appoint the person selected.

2

Before making the appointment the Lord Chief Justice may direct the Commission to make arrangements in accordance with the direction—

a

for any assessment of the health of the person selected that the Lord Chief Justice considers appropriate, and

b

for a report of the assessment to be made to the Lord Chief Justice.

3

Sub-paragraph (4) applies in any of the following circumstances—

a

the Lord Chief Justice notifies the Commission that he or she is not satisfied on the basis of a report under sub-paragraph (2)(b), having consulted the Welsh Ministers, that the health of the person selected is satisfactory for the purposes of the appointment;

b

the person selected declines to be appointed, or does not agree within a time specified to him for that purpose;

c

the person selected is otherwise not available within a reasonable time to be appointed.

4

Where this sub-paragraph applies—

a

the selection accepted and any previous selection for the appointment are to be disregarded;

b

the request pursuant to which the selection was made continues to have effect;

c

any subsequent selection pursuant to that request may be made in accordance with the same or a different selection process.