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50 | Judicial Appointments and Conduct Ombudsman |
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(1) | There is to be a Judicial Appointments and Conduct Ombudsman. |
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(2) | Schedule 11 is about the Ombudsman. |
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51 | Merit and good character |
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(1) | Subsections (2) and (3) apply to any selection under this Part by the |
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Commission or a selection panel (“the selecting body”). |
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(2) | A person must not be selected unless the selecting body is satisfied that he is of |
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(3) | Selection must be on merit. |
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52 | Guidance about procedures |
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(1) | The Minister may issue guidance about procedures for the performance by the |
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Commission or a selection panel of its functions of— |
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(a) | identifying persons willing to be considered for selection under this |
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(b) | assessing such persons for the purposes of selection. |
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(2) | The guidance may, among other things, relate to consultation or other steps in |
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determining such procedures. |
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(3) | The purposes for which guidance may be issued under this section include the |
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encouragement of diversity in the range of persons available for selection. |
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(4) | The Commission and any selection panel must have regard to the guidance in |
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matters to which it relates. |
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53 | Guidance: supplementary |
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(1) | Before issuing any guidance the Minister must— |
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(a) | consult the Lord Chief Justice; |
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(b) | after doing so, lay a draft of the proposed guidance before each House |
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(2) | If the draft is approved by a resolution of each House of Parliament within the |
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40-day period the Minister must issue the guidance in the form of the draft. |
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(3) | In any other case the Minister must take no further steps in relation to the |
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(4) | Subsection (3) does not prevent a new draft of the proposed guidance from |
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being laid before each House of Parliament after consultation with the Lord |
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(5) | Guidance comes into force on such date as the Minister may appoint by order. |
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(a) | from time to time revise the whole or part of any guidance and re-issue |
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(b) | by order revoke any guidance. |
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| “40-day period” in relation to the draft of any proposed guidance |
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(a) | if the draft is laid before one House on a day later than the day |
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on which it is laid before the other House, the period of 40 days |
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beginning with the later day, and |
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(b) | in any other case, the period of 40 days beginning with the day |
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on which the draft is laid before each House, |
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| no account being taken of any period during which Parliament is |
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dissolved or prorogued or during which both Houses are adjourned for |
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| “guidance” means guidance issued by the Minister under section 52 and |
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includes guidance which has been revised and re-issued. |
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Lord Chief Justice and Heads of Division |
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54 | Selection of Lord Chief Justice and Heads of Division |
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(1) | This section applies to a recommendation for an appointment to one of the |
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(c) | President of the Queen’s Bench Division; |
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(d) | President of the Family Division; |
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(e) | Chancellor of the High Court. |
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(2) | A recommendation may be made only under section 58. |
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(3) | If the office of Lord Chief Justice is vacant, the Minister must make a |
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recommendation to fill the vacancy. |
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(4) | If there is a vacancy in one of the other offices mentioned in subsection (1), the |
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Minister must, unless the Lord Chief Justice agrees otherwise, make a |
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recommendation to fill the vacancy. |
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(5) | A request for the selection of a person to be recommended must be made by |
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the Minister to the Commission. |
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(6) | Before making a request the Minister must consult the Lord Chief Justice. |
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(7) | Subsection (6) does not apply if the request relates only to the office of Lord |
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Chief Justice and that office is vacant. |
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(8) | Sections 55 to 60 apply where the Minister makes a request under this section. |
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(1) | On receiving a request the Commission must appoint a selection panel. |
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(a) | determine the selection process to be applied, |
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(b) | apply the selection process, and |
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(c) | make a selection accordingly. |
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(3) | Any selection under this section or section 60 must be of one person only (but |
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a request may be for a selection to be made for each of a number of |
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(4) | If practicable the panel must consult, about the exercise of its functions under |
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this section, the current holder of the office for which a selection is to be made. |
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(5) | A selection panel is a committee of the Commission. |
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(1) | The selection panel must consist of the following— |
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(a) | the most senior England and Wales Supreme Court judge or his |
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(b) | the participating judge; |
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(c) | the Chairman of the Commission or his nominee; |
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(d) | one other lay member of the Commission designated by the Chairman |
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(2) | Unless subsection (4) applies, the participating judge is the Lord Chief Justice |
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(3) | Subsection (4) applies if— |
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(a) | the Lord Chief Justice is disqualified, or |
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(b) | there is no Lord Chief Justice. |
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(4) | In those cases the most senior England and Wales Supreme Court judge must |
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designate a person (but not a person who is disqualified) as the participating |
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(5) | Only the following may be a nominee under subsection (1)(a) or (2) or |
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designated under subsection (4)— |
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(a) | an England and Wales Supreme Court judge, |
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(b) | a Head of Division, or |
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(c) | a Lord Justice of Appeal. |
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(6) | The following also apply to nominees under this section— |
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(a) | a person may not be a nominee if he is disqualified; |
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(b) | a person may not be appointed to the panel as the nominee of more |
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(c) | a person appointed to the panel otherwise than as a nominee may not |
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(7) | The most senior England and Wales Supreme Court judge or his nominee is the |
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(8) | On any vote by the panel the chairman of the panel has an additional, casting |
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vote in the event of a tie. |
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(9) | A person is disqualified for the purposes of this section if— |
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(a) | he is the current holder of the office for which a selection is to be made, |
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(b) | he is willing to be considered for selection. |
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(10) | In this section “England and Wales Supreme Court judge” means a judge of the |
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Supreme Court who has held high judicial office in England and Wales before |
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appointment to the Court. |
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(1) | After complying with section 55(2) the selection panel must submit a report to |
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(a) | state who has been selected; |
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(b) | contain any other information required by the Minister. |
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(3) | The report must be in a form approved by the Minister. |
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(4) | After submitting the report the panel must provide any further information the |
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58 | The Minister’s options |
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(1) | This section refers to the following stages— |
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| | | where a person has been selected under section 55 |
| | | | | | where a person has been selected following a rejection or |
| | | | | | reconsideration at stage 1 |
| | | | | | where a person has been selected following a rejection or |
| | | | | | reconsideration at stage 2. |
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(2) | At stage 1 the Minister must do one of the following— |
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(a) | recommend the person selected; |
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(b) | reject the selection; |
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(c) | require the selection panel to reconsider the selection. |
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(3) | At stage 2 the Minister must do one of the following— |
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(a) | recommend the person selected; |
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(b) | reject the selection, but only if it was made following a reconsideration |
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(c) | require the selection panel to reconsider the selection, but only if it was |
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made following a rejection at stage 1. |
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(4) | At stage 3 the Minister must recommend the person selected, unless subsection |
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(5) applies and he makes a recommendation under it. |
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(5) | If a person whose selection the Minister required to be reconsidered at stage 1 |
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or 2 was not selected again at the next stage, the Minister may recommend that |
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(6) | In this section references to recommending a person are references to making |
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the recommendation for which he has been selected. |
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