Legislation – Crime and Courts Act 2013

“94CSelection process

(1)

The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice—

(a)

make further provision about the process to be applied in a case where the Commission receives a request under section 87;

(b)

make further provision about—

(i)

membership of selection panels appointed under section 70, 75B or 79, and

(ii)

the process that is to be applied in a case where a selection panel is required to be appointed under section 70, 75B or 79;

(c)

secure, subject to section 95 and any provision within subsection (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person’s willingness and availability, by or on behalf of the appropriate authority.

(2)

The regulations may in particular—

(a)

provide for process additional to the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), including post-acceptance process;

(b)

make provision as to things that are, or as to things that are not, to be done—

(i)

as part of the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), or

(ii)

in determining what that process is to be;

(c)

provide for selection on a request under section 87 to be from among persons identified under section 94 in response to advance notice of the request;

(d)

provide for section 88(1)(c) not to apply where, or to the extent that, the Commission decides that the selection process applied under section 88(1) has not identified candidates of sufficient merit for it to comply with section 88(1)(c);

(e)

give functions to the Lord Chancellor, including—

(i)

power to require a selection panel to reconsider a selection under section 70(2), 75B(2) or 79(2) or any subsequent selection,

(ii)

power to reject a selection under section 70(2) or any subsequent selection,

(iii)

power to reject a selection under section 75B(2) or 79(2) or any subsequent selection,

(iv)

power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and

(v)

power to require the reconsideration of a decision mentioned in paragraph (d);

(f)

give functions to the Lord Chief Justice in connection with selection for an office listed in Table 2 of Part 1 or 2 of Schedule 14 or in connection with selection for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, including—

(i)

power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and

(ii)

power to require the reconsideration of a decision mentioned in paragraph (d);

(g)

give functions to the Senior President of Tribunals in connection with selection for an office listed in Table 3 of Part 1, or Table 2 of Part 3, of Schedule 14, including—

(i)

power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and

(ii)

power to require the reconsideration of a decision mentioned in paragraph (d);

(h)

make provision for or in connection with duties mentioned in section 51 of the Equality Act 2010 being duties of the Lord Chief Justice, or Senior President of Tribunals, in relation to an office within Table 2 or 3 of Part 1 of Schedule 14;

(i)

provide for particular action to be taken by the Commission or a selection panel after the panel has complied with section 70, 75B or 79;

(j)

provide for particular action to be taken by the Commission after a selection has been made on a request under section 87;

(k)

provide for the dissolution of a selection panel appointed under section 70, 75B or 79;

(l)

provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—

(i)

as a member of such a panel (including functions of chairing such a panel), or

(ii)

in relation to the nomination or appointment of members of such a panel;

(m)

provide for a person to cease to be a member of such a panel where the person’s membership of the panel ceases to contribute to meeting a requirement about the panel’s members;

(n)

provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person’s membership of the panel ceases to contribute to meeting a requirement about the panel’s members;

(o)

make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected;

(p)

provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions given to the Lord Chief Justice by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (f));

(q)

make provision prohibiting or restricting delegation by the Senior President of Tribunals of functions given to the Senior President of Tribunals by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (g));

(r)

make provision as to the meaning of “non-legally-qualified” and “judicial member” in sections 70, 75B and 79.

(3)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

may make transitory, transitional or saving provision.

(4)

In subsection (1)(c) “the appropriate authority” means—

(a)

the Lord Chancellor where the selection—

(i)

is on a request under section 69 or 78,

(ii)

relates to the office of Senior President of Tribunals or puisne judge of the High Court, or

(iii)

relates to an office listed in Table 1 of Part 1, 2 or 3 of Schedule 14;

(b)

the Lord Chief Justice where the selection relates to an office listed in Table 2 of Part 1 or 2 of that Schedule;

(c)

the Senior President of Tribunals where the selection relates to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of that Schedule.

(5)

This section is subject to section 95.”