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PART 8Selection of a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981

Selection following rejection or requirement to reconsider

43.—(1) If under regulation 41 the Lord Chief Justice rejects or requires reconsideration of a selection at stage 1 or 2, the Commission must select a person in accordance with this regulation.

(2) If the Lord Chief Justice rejects a selection, the Commission—

(a)may not select the person rejected; and

(b)where the rejection is following a requirement to reconsider, may not select the person (if different) whose selection is reconsidered.

(3) If the Lord Chief Justice requires selection to be reconsidered, the Commission—

(a)may select the same person or a different person; but

(b)where the requirement to reconsider follows a rejection, may not select the person rejected.

(4) The Commission must inform the Lord Chief Justice of any person selected following a rejection or a requirement to reconsider.

(5) Paragraphs (2) and (3) do not prevent a person being selected on a subsequent request under section 87.