Constitutional Reform Act 2005
Regulations about selection process
Status: in_forceRetrieved: 2026-08-17T16:15:03.649740+00:00Release: constitutions-global-20260821-v2
1 The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court— a make further provision about membership of selection commissions convened under section 26, b make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and c secure that, in every such case, 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 Lord Chancellor. 2 The regulations may in particular— a provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process; b make provision as to things that are, or as to things that are not, to be done by a selection commission— i as part of the selection process applied by it under section 27(1), or ii in determining what that process is to be; c provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection; d provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection; e give other functions to the Lord Chancellor; f provide for particular action to be taken by a selection commission after it has complied with section 27; g provide for the dissolution of a selection commission; h 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 a selection commission (including functions of chairing a selection commission), or ii in relation to the nomination or appointment of members of a selection commission; i provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission; j provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission; k provide for payment to a member of a selection commission of amounts by way of allowances or expenses; l make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b). 3 Before making regulations under this section the Lord Chancellor must consult— a the First Minister in Scotland, b the Northern Ireland Judicial Appointments Commission, c the First Minister for Wales, d the Lord President of the Court of Session, e the Lord Chief Justice of Northern Ireland, and f the Lord Chief Justice of England and Wales. 4 Regulations under this section— a may make different provision for different purposes; b may make transitory, transitional or saving provision. 5 In this section “ the senior judge ”, in relation to the Court, has the meaning given by section 26(5B).
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