(1) At the request of the President of the Supreme Court any of the following may act as a judge of the Court—
(a) a person who holds office as a senior territorial judge;
(b) a member of the supplementary panel under section 39.
(2) A request under subsection (1) may be made by the Deputy President of the Court if there is no President or the President is unable to make that request.
(3) In section 26(7) of the Judicial Pensions and Retirement Act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute—
(b) act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;
.
(4) Every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the Supreme Court (and so may perform any of the functions of a judge of the Court).
(5) A person is not to be treated under subsection (4) as a judge of the Court for the purposes of any statutory provision relating to—
(a) the appointment, retirement, removal or disqualification of judges of the Court,
(b) the tenure of office and oaths to be taken by judges of the Court, or
(c) the remuneration, allowances or pensions of judges of the Court.
(6) Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person is not to be treated under subsection (4) as having been a judge of the Court if he has acted in the Court only under this section.
(7) Such remuneration and allowances as the Lord Chancellor may with the agreement of the Treasury determine may be paid out of money provided by Parliament to any person who acts as a judge of the Court under this section.
(8) In this section “office as a senior territorial judge” means office as any of the following—
(a) a judge of the Court of Appeal in England and Wales;
(b) a judge of the Court of Session, but only if the holder of the office is a member of the First or Second Division of the Inner House of that Court;
(c) a judge of the Court of Appeal in Northern Ireland, unless the holder holds the office only by virtue of being a puisne judge of the High Court.
(1) There is to be a panel of persons known as the supplementary panel.
(2) On the commencement of this section any member of the House of Lords who—
(a) meets one of the conditions in subsection (3),
(b) does not hold high judicial office,
(c) has not attained the age of 75, and
(d) is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,
becomes a member of the panel.
(3) The conditions are—
(a) that he ceased to hold high judicial office less than 5 years before the commencement of this section;
(b) that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;
(c) that he ceased to be a member of that Committee less than 5 years before that commencement.
(4) A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office or within 2 years of ceasing to hold such office—
(a) his membership of the panel is approved in writing by the President of the Supreme Court, and
(b) the President of the Court gives the Lord Chancellor notice in writing of the approval.
(5) Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.
(6) Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—
(a) while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,
(b) he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or
(c) his office is declared vacant under section 36.
(7) A person does not become a member of the supplementary panel under subsection (4) or (6) if—
(a) on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or
(b) on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.
(8) A member of the supplementary panel may resign by notice in writing to the President of the Court.
(9) Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—
(a) at the end of 5 years after the last day on which he holds his qualifying office, or
(b) if earlier, at the end of the day on which he attains the age of 75.
(10) In this section—
(a) “office as a senior territorial judge” has the same meaning as in section 38;
(b) a person's “qualifying office” is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.
(1) The Supreme Court is a superior court of record.
(2) An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Schedule 9—
(a) transfers other jurisdiction from the House of Lords to the Court,
(b) transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and
(c) makes other amendments relating to jurisdiction.
(5) The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.
(6) An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.
(1) Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.
(2) A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.
(3) A decision of the Supreme Court on a devolution matter—
(a) is not binding on that Court when making such a decision;
(b) otherwise, is binding in all legal proceedings.
(4) In this section “devolution matter” means—
(a) a question referred to the Supreme Court under section ... 99 or 112 of the Government of Wales Act 2006, section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);
(b) a devolution issue as defined in Schedule 9 to the Government of Wales Act 2006 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.
(1) The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—
(a) the Court consists of an uneven number of judges;
(b) the Court consists of at least three judges;
(c) more than half of those judges are permanent judges.
(2) Paragraphs (a) and (b) of subsection (1) are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.
(3) Paragraph (b) of subsection (1) is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.
(4) This section is subject to section 43.
(5) In this section—
(a) “directions” means directions given by the President of the Court;
(b) “specified”, in relation to directions, means specified in those directions;
(c) references to permanent judges are references to those judges of the Court who are not acting judges under section 38.
(6) This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.
(1) This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.
(2) The presiding judge may direct that the Court is still duly constituted in the proceedings.
(3) The presiding judge may give a direction under this section only if—
(a) the parties agree;
(b) the Court still consists of at least three judges (whether the number of judges is even or uneven);
(c) at least half of those judges are permanent judges.
(4) Subsections (2) and (3) are subject to directions given by the President of the Court.
(5) If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.
(6) In this section—
(a) “presiding judge” means the judge who is to preside, or is presiding, over proceedings;
(b) references to permanent judges have the same meaning as in section 42.
(1) If the Supreme Court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it.
(2) Any remuneration payable to such an adviser is to be determined by the Court unless agreed between the adviser and the parties to the proceedings.
(3) Any remuneration forms part of the costs of the proceedings.
(1) The President of the Supreme Court may make rules (to be known as “Supreme Court Rules”) governing the practice and procedure to be followed in the Court.
(2) The power to make Supreme Court Rules includes power to make different provision for different cases, including different provision—
(a) for different descriptions of proceedings, or
(b) for different jurisdiction of the Supreme Court.
(3) The President must exercise the power to make Supreme Court Rules with a view to securing that—
(a) the Court is accessible, fair and efficient, and
(b) the rules are both simple and simply expressed.
(4) Before making Supreme Court Rules the President must consult all of the following—
(a) the Lord Chancellor;
(b) the bodies listed in subsection (5);
(c) such other bodies that represent persons likely to be affected by the Rules as the President considers it appropriate to consult.
(5) The bodies referred to in subsection (4)(b) are—
The General Council of the Bar of England and Wales;
The Law Society of England and Wales;
The Faculty of Advocates of Scotland;
The Law Society of Scotland;
The General Council of the Bar of Northern Ireland;
The Law Society of Northern Ireland.
(1) Supreme Court Rules made by the President of the Supreme Court must be submitted by him to the Lord Chancellor.
(2) Supreme Court Rules submitted to the Lord Chancellor—
(a) come into force on such day as the Lord Chancellor directs, and
(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
(3) A statutory instrument containing Supreme Court Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—
(a) the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;
.
(2) In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—
(a) the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;
.
(1) The Supreme Court is to have a chief executive.
(2) It is for the President of the Court to appoint the chief executive.
(3) The President of the Court may delegate to the chief executive any of these functions—
(a) functions of the President under section 49(1) or 51A(1)(a) or (b);
(b) non-judicial functions of the Court.
(4) The chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the President of the Court.
(1) The President of the Supreme Court may appoint officers and staff of the Court.
(2) It is for the chief executive of the Supreme Court to determine the following matters—
(a) the number of officers and staff of the Court;
(b) subject to subsections (2A) and (3), the terms on which officers and staff are to be appointed.
(2A) Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.
(3) Accordingly, the civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the Court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the State.
(4) In subsection (3) “the civil service pension arrangements” means—
(a) the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11), and
(b) any other superannuation benefits for which provision is made under or by virtue of section 1 of that Act for or in respect of persons in employment in the civil service of the State.
(1) The Lord Chancellor must ensure that the Supreme Court is provided with the following—
(a) such court-houses, offices and other accommodation as the Lord Chancellor thinks are appropriate for the Court to carry on its business;
(b) such other resources as the Lord Chancellor thinks are appropriate for the Court to carry on its business.
(2) The Lord Chancellor may discharge the duty under subsection (1) by—
(a) providing accommodation or other resources, or
(b) entering into arrangements with any other person for the provision of accommodation or other resources.
(3) The powers to acquire land for the public service conferred by—
(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and
(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),
are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b).
(4) The Scottish Ministers may make payments by way of contribution to the costs incurred by the Lord Chancellor in providing the Court with resources in accordance with subsection (1)(b).
(5) In this section “court-house” means any place where the Court sits, including the precincts of any building in which it sits.
51 System to support Court in carrying on business
(1) The chief executive of the Supreme Court must ensure that the Court's resources are used to provide an efficient and effective system to support the Court in carrying on its business.
(2) In particular—
(a) appropriate services must be provided for the Court;
(b) the accommodation provided under section 50 must be appropriately equipped, maintained and managed.
(1) A Supreme Court security officer is a person who is—
(a) appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and
(b) designated by the President as a Supreme Court security officer.
(2) The President may give directions as to—
(a) training courses to be completed by Supreme Court security officers;
(b) conditions to be met before a person may be designated as a Supreme Court security officer.
(3) For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty.
(4) In those sections “court building” means any building—
(a) where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and
(b) to which the public has access.
51B Powers of search, exclusion, removal and restraint
(1) A Supreme Court security officer acting in the execution of the officer's duty may search—
(a) any person who is in, or seeking to enter, a court building, and
(b) any article in the possession of such a person.
(2) Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear.
(3) A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses—
(a) to permit a search under subsection (1), or
(b) to surrender an article in the person's possession when asked to do so under section 51C(1).
(4) A Supreme Court security officer acting in the execution of the officer's duty may—
(a) restrain any person who is in a court building, or
(b) exclude or remove any person from a court building, or a part of a court building,
if it is reasonably necessary to do so for one of the purposes given in subsection (5).
(5) The purposes are—
(a) enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;
(b) maintaining order;
(c) securing the safety of any person in the court building.
(6) A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of—
(a) a judge of the Supreme Court, or
(b) a member of the Judicial Committee of the Privy Council.
(7) The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.
51C Surrender, seizure and retention of knives and other articles
(1) If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.
(2) The grounds are that the article—
(a) may jeopardise the maintenance of order in the court building (or a part of it),
(b) may put the safety of any person in the court building at risk, or
(c) may be evidence of, or in relation to, an offence.
(3) Subject to subsection (4), a Supreme Court security officer may retain an article which was—
(a) surrendered in response to a request under subsection (1), or
(b) seized under that subsection,
until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.
(4) If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—
(a) the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or
(b) the end of the permitted period,
whichever is the later.
(5) In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.
(6) Subsections (3) to (5) do not apply where a knife is—
(a) surrendered to a Supreme Court security officer in response to a request under subsection (1), or
(b) seized by a Supreme Court security officer under that subsection,
but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).
(7) If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.
(8) In this section “knife” includes—
(a) a knife-blade, and
(b) any other article which—
(i) has a blade or is sharply pointed, and
(ii) is made or adapted for use for causing injury to the person.
51D Regulations about retention of knives and other articles
(1) The Lord Chancellor may by regulations make provision as to—
(a) the provision to persons—
(i) by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or
(ii) from whom articles have been seized under that subsection,
of written information about the powers of retention of Supreme Court security officers,
(b) the keeping of records about articles which have been so surrendered or seized,
(c) the period for which unclaimed articles have to be kept, and
(d) the disposal of unclaimed articles at the end of that period.
(2) In subsection (1) “unclaimed article” means an article—
(a) which has been retained under section 51C,
(b) which a person is entitled to have returned,
(c) which has not been returned, and
(d) whose return has not been requested by a person entitled to it.
(3) Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—
(a) the procedure to be followed when a knife is retained under section 51C;
(b) the making of requests by eligible persons for the return of knives so retained;
(c) the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.
(4) In subsection (3)—
“eligible person”, in relation to a knife retained under section 51C, means—
the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or
any other person specified in regulations under subsection (3);
“knife” has the same meaning as in section 51C.
51E Assaulting and obstructing Supreme Court security officers
(1) Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction—
(a) to imprisonment for a term not exceeding 12 months, or
(b) to a fine not exceeding level 5 on the standard scale, or
(c) to both.
(3) Subsection (2) applies—
(a) in England and Wales in relation to offences committed before 2 May 2022, and
(b) in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(4) A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) The Lord Chancellor may, with the agreement of the Treasury, by order prescribe fees payable in respect of anything dealt with by the Supreme Court.
(2) An order under this section may, in particular, contain provision about—
(a) scales or rates of fees;
(b) exemptions from fees;
(c) reductions in fees;
(d) whole or partial remission of fees.
(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.
(4) Before making an order under this section, the Lord Chancellor must consult all of the following—
(a) the persons listed in subsection (5);
(b) the bodies listed in subsection (6).
(5) The persons referred to in subsection (4)(a) are—
(a) the President of the Supreme Court;
(b) the Lord Chief Justice of England and Wales;
(c) the Master of the Rolls;
(d) the Lord President of the Court of Session;
(e) the Lord Chief Justice of Northern Ireland;
(f) the Lord Justice Clerk;
(g) the President of the Queen's Bench Division;
(h) the President of the Family Division;
(i) the President of the Business and Property Division.
(6) The bodies referred to in subsection (4)(b) are—
(a) the General Council of the Bar of England and Wales;
(b) the Law Society of England and Wales;
(c) the Faculty of Advocates of Scotland;
(d) the Law Society of Scotland;
(e) the General Council of the Bar of Northern Ireland;
(f) the Law Society of Northern Ireland.
(1) Supreme Court fees are recoverable summarily as a civil debt.
(2) The Lord Chancellor must take such steps as are reasonably practicable to bring information about Supreme Court fees to the attention of persons likely to have to pay them.
(3) In this section “Supreme Court fees” means fees prescribed in an order under section 52.
(1) As soon as practicable after each financial year, the chief executive of the Supreme Court must prepare a report about the business of the Supreme Court during that year and give a copy of that report to the following persons—
(a) the Lord Chancellor;
(b) the First Minister in Scotland;
(c) the First Minister and the deputy First Minister in Northern Ireland;
(d) the First Minister for Wales.
(2) The Lord Chancellor must lay a copy of any report of which a copy is given under subsection (1)(a) before each House of Parliament.
(3) Each of the following is a “financial year” for the purposes of this section—
(a) the period which begins with the date on which this section comes into force and ends with the following 31 March;
(b) each successive period of 12 months.
(1) The Supreme Court is to have an official seal.
(2) Every document purporting to be sealed with the official seal of the Supreme Court is to be received in evidence in all parts of the United Kingdom without further proof.
(1) The Public Records Act 1958 (c. 51) is amended as follows.
(2) In section 8 (court records)—
(a) in subsection (1) after “such records” insert “other than records of the Supreme Court,”;
(b) after subsection (1) insert—
(1A) Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.
(3) In Schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert—
(za) records of the Supreme Court;
.
57 Proceedings under jurisdiction transferred to the Supreme Court
Schedule 10 contains transitional provision relating to proceedings under jurisdiction which is transferred to the Supreme Court by this Act from the House of Lords or the Judicial Committee of the Privy Council.
59 Renaming of Supreme Courts of England and Wales and Northern Ireland
(1) The Supreme Court of England and Wales is renamed the Senior Courts of England and Wales.
(2) The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.
(3) The Northern Ireland Supreme Court Rules Committee is renamed the Northern Ireland Court of Judicature Rules Committee.
(4) Any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the Senior Courts, the Court of Judicature or the Northern Ireland Court of Judicature Rules Committee (as the case may be).
(5) Schedule 11 (which makes amendments in connection with the renaming) has effect.
(6) Unless otherwise provided, amendments made by an enactment (A) (whether or not in force) to another enactment (B)—
(a) are not included in references in that Schedule to enactment A;
(b) are included in references in that Schedule to enactment B.
(1) In this Part—
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
“the senior judges” means—
the judges of the Supreme Court;
the Lord Chief Justice of England and Wales;
the Master of the Rolls;
the Lord President of the Court of Session;
the Lord Chief Justice of Northern Ireland;
the Lord Justice Clerk;
the President of the Queen's Bench Division;
the President of the Family Division;
the President of the Business and Property Division;
“the Supreme Court” means the Supreme Court of the United Kingdom.
(2) In this Part—
(a) “high judicial office” means office as a judge of any of the following courts—
(i) the Supreme Court;
(ii) the Court of Appeal in England and Wales;
(iii) the High Court in England and Wales;
(iv) the Court of Session;
(v) the Court of Appeal in Northern Ireland;
(vi) the High Court in Northern Ireland;
or as a Lord of Appeal in Ordinary;
(b) a person appointed to the office of Lord Chancellor on or after 12 June 2003 who holds, or held, office of a kind referred to in paragraph (a) (“the qualifying office”) is to be regarded as holding, or having held, high judicial office only if—
(i) he has ceased to be Lord Chancellor by virtue of that appointment, and
(ii) he holds, or held, the qualifying office otherwise than by virtue of that appointment as Lord Chancellor.
(3) In this Part—
(a) “ordinary judge” means a judge of the Supreme Court who is not the President or the Deputy President of the Court;
(b) the senior ordinary judge at any time is, of the ordinary judges at that time, the one who has served longest as a judge of the Court (whether over one or more periods and whether or not including one or more previous periods as President or Deputy President).
(4) Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of subsection (3)(b).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subsections (2) to (4) apply to any selection under this Part by the Commission or a selection panel (“the selecting body”).
(2) Selection must be solely on merit.
(3) A person must not be selected unless the selecting body is satisfied that he is of good character.
(4) Neither “solely” in subsection (2), nor Part 5 of the Equality Act 2010 (public appointments etc), prevents the selecting body, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within—
(a) the group of persons who hold offices for which there is selection under this Part, or
(b) a sub-group of that group.
(1) The Commission, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection for appointments.
(2) This section is subject to section 63.
(1) The Lord Chancellor may issue guidance about procedures for the performance by the Commission or a selection panel of its functions of—
(a) identifying persons willing to be considered for selection under this Part, and
(b) assessing such persons for the purposes of selection.
(2) The guidance may, among other things, relate to consultation or other steps in determining such procedures.
(3) The purposes for which guidance may be issued under this section include the encouragement of diversity in the range of persons available for selection.
(4) The Commission and any selection panel must have regard to the guidance in matters to which it relates.
(1) Before issuing any guidance the Lord Chancellor must—
(a) obtain the agreement of the Lord Chief Justice;
(b) after doing so, lay a draft of the proposed guidance before each House of Parliament.
(2) If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.
(3) In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.
(4) Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the Lord Chief Justice.
(5) Guidance comes into force on such date as the Lord Chancellor may appoint by order.
(6) The Lord Chancellor may—
(a) from time to time revise the whole or part of any guidance and re-issue it;
(b) after consulting the Lord Chief Justice, by order revoke any guidance.
(7) In this section—
“40-day period” in relation to the draft of any proposed guidance means—
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;
“guidance” means guidance issued by the Lord Chancellor under section 65 and includes guidance which has been revised and re-issued.
67 Selection of Lord Chief Justice and Heads of Division
(1) Sections 68 to 70 apply to a recommendation for an appointment to one of the following offices—
(a) Lord Chief Justice;
(b) Master of the Rolls;
(c) President of the Queen's Bench Division;
(d) President of the Family Division;
(e) President of the Business and Property Division.
(2) Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.
(1) The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Chief Justice.
(2) The Lord Chancellor must make a recommendation to fill any vacancy in any other office listed in section 67(1).
(3) Subsection (2) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
(1) The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation to which this section applies.
(2) Before making a request the Lord Chancellor must consult the Lord Chief Justice.
(3) Subsection (2) does not apply where the office of Lord Chief Justice is vacant or where the Lord Chief Justice is incapacitated for the purposes of section 16 (functions during vacancy or incapacity).
(4) Section 70 applies where the Lord Chancellor makes a request under this section.
(5) That section is subject to section 95 (withdrawal and modification of requests).
(1) On receiving a request the Commission must appoint a selection panel.
(1A) The panel must have an odd number of members not less than five.
(1B) The members of the panel must include—
(a) at least two who are non-legally-qualified,
(b) at least two judicial members, and
(c) at least two members of the Commission,
and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.
(1C) The members of the panel may not include the current holder of the office for which a selection is to be made.
(1D) If the panel is convened for the selection of a person to be recommended for appointment as Lord Chief Justice, it is to be chaired by one of its non-legally-qualified members.
(2) The panel must—
(a) determine the selection process to be applied by it,
(b) apply the selection process, and
(c) make a selection accordingly.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) One person only must be selected for each recommendation to which a request relates.
(4) Subsection (3) applies to selection under this section and to selection under regulations under section 94C.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A selection panel is a committee of the Commission.