Exercise of powers to reject or require reconsideration
42.—(1) The Lord Chief Justice’s power under regulation 41 to reject a selection at stage 1 or 2 is exercisable only on the ground that, in the Lord Chief Justice’s opinion, the person selected is not suitable to act as a judge of the High Court.
(2) The Lord Chief Justice’s power under regulation 41 to require the Commission to reconsider a selection at stage 1 or 2 is exercisable only on the ground that, in the Lord Chief Justice’s opinion—
(a)there is not enough evidence that the person is suitable to act as a judge of the High Court; or
(b)there is evidence that the person is not the best candidate on merit.
(3) The Lord Chief Justice must give the Commission reasons in writing for rejecting or requiring reconsideration of a selection.