The Judicial Appointments Regulations 2013

Consultation

30.—(1) As part of the selection process under section 88(1) the Commission must, unless paragraph (4) applies, consult—

(a) where the selection relates to the office of puisne judge of the High Court, the Lord Chief Justice;

(b) in all other cases, a person (other than the Lord Chief Justice or Senior President of Tribunals where he or she is the appropriate authority) who has held the office for which a selection is to be made or has other relevant experience.

(2) The Commission may consult another person (apart from the appropriate authority) who has held the office for which selection is to be made or has other relevant experience with the agreement of the persons mentioned in paragraph (3).

(3) The persons referred to in paragraph (2) are—

(a) where the appropriate authority is the Senior President of Tribunals, the Senior President of Tribunals and the chairman of the Commission;

(b) in all other cases, the Lord Chief Justice and the chairman of the Commission.

(4) Paragraph (1) does not apply where—

(a) the Lord Chief Justice is the appropriate authority and agrees with the chairman of the Commission that consultation is not required;

(b) the Senior President of Tribunals is the appropriate authority and agrees with the chairman of the Commission that consultation is not required;

(c) the Lord Chancellor is the appropriate authority and agrees with the chairman of the Commission and the Lord Chief Justice that consultation is not required.

(5) Where the selection process relates to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, the Commission must consult the Lord President of the Court of Session unless the Lord President, the appropriate authority and the chairman of the Commission agree that consultation is not required.

(6) Where the selection process relates to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, the Commission must consult the Lord Chief Justice of Northern Ireland unless the Lord Chief Justice of Northern Ireland, the appropriate authority and the chairman of the Commission agree that consultation is not required.

(1)

Section 88 is amended by paragraph 67 of Schedule 13 to the Crime and Courts Act 2013.