SCHEDULES
SCHEDULE 5President of Welsh Tribunals
Part 1Appointment
Duty to fill vacancies
I11
1
If there is a vacancy in the office of President of Welsh Tribunals, the Lord Chief Justice must appoint a person to that office.
2
Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers all agree that it may remain unfilled.
3
In this Schedule “"the Lord Chief Justice”” means the Lord Chief Justice of England and Wales.
The two routes to appointment: agreement under this paragraph or selection under Part 2
I22
1
The Lord Chief Justice, before he or she may appoint a person to the office of President of Welsh Tribunals, must consult—
a
the Lord Chancellor, and
b
the Welsh Ministers.
2
Sub-paragraphs (3) and (4) apply if—
a
the outcome of consultation under sub-paragraph (1) is agreement between the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers as to the person to be appointed, and
b
the person holds or has held office as—
i
an ordinary judge of the Court of Appeal in England and Wales, or
ii
a puisne judge of the High Court.
3
The Lord Chief Justice must appoint the person to the office of President of Welsh Tribunals, subject to sub-paragraph (4).
4
Where the person—
a
declines to be appointed, or does not agree within a time specified to him or her for that purpose, or
b
is otherwise not available within a reasonable time to be appointed,
the Lord Chief Justice must, instead of appointing the person, consult afresh under sub-paragraph (1).
5
If the Lord Chief Justice has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, he or she must make a request to the Judicial Appointments Commission (“"the Commission””) for a person to be selected for appointment to the office of President of Welsh Tribunals.