Law

Constitutional Reform Act 2005

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 185 provisions

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185 provisions

71B Sections 71 and 71A: diversity and interpretation

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72 Report

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73 The Lord Chancellor's options

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74 Exercise of powers to reject or require reconsideration

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75 Selection following rejection or requirement to reconsider

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75A Sections 75B to 75G apply where request made for selection

(1) Section 75B applies where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals). (2) That section is subject to section 95 (withdrawal and modification of requests).

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75B Selection process

(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 Senior President of Tribunals. (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. (3) As part of the selection process the panel must consult— (a) the Lord Chief Justice, if not a member of the panel, (b) the Lord President of the Court of Session, if not a member of the panel, and (c) the Lord Chief Justice of Northern Ireland, if not a member of the panel. (4) One person only must be selected for the recommendation to which a request relates. (5) Subsection (4) applies to selection under this section and to selection under regulations under section 94C. (6) A selection panel is a committee of the Commission.

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75C Selection panel

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75D Report

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75E The Lord Chancellor's options

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75F Exercise of powers to reject or require reconsideration

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75G Selection following rejection or requirement to reconsider

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76 Selection of Lords Justices of Appeal

(1) Sections 77 to 79 apply to a recommendation for appointment as a Lord Justice of Appeal. (2) Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.

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77 Duty to fill vacancies

(1) The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal. (2) Subsection (1) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

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78 Request for selection

(1) The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation for appointment as a Lord Justice of Appeal. (2) Before making a request the Lord Chancellor must consult the Lord Chief Justice. (3) A request may relate to more than one recommendation. (4) Section 79 applies where the Lord Chancellor makes a request under this section. (5) That section is subject to section 95 (withdrawal and modification of requests).

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79 Selection process

(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. (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. (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) A selection panel is a committee of the Commission.

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80 Selection panel

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81 Report

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82 The Lord Chancellor's options

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83 Exercise of powers to reject or require reconsideration

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84 Selection following rejection or requirement to reconsider

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85 Selection of puisne judges and other office holders

(1) Sections 86 to 88 apply to— (a) a recommendation for an appointment to the office of puisne judge of the High Court; (b) a recommendation for an appointment to an office listed in Part 1 of Schedule 14 in exercise of Her Majesty's function under the enactment listed opposite that office; (c) an appointment to an office listed in Table 1 of Part 2 or 3 of that Schedule in exercise of the Lord Chancellor's function under the enactment listed opposite that office. (d) an appointment to an office listed in Table 2 of Part 2 of that Schedule in exercise of the Lord Chief Justice's function under the enactment listed opposite that office; (e) an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise of the function of the Senior President of Tribunals under the enactment listed opposite that office. (2) Any such recommendation or appointment must be made in accordance with those sections and section 94C and regulations made under it. (2A) This section is subject to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) section 91(1ZB) of the Supreme Court Act 1981, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) section 94AA below. (3) The Lord Chancellor may by order make any of the following amendments to Schedule 14— (a) an amendment which adds a reference to an enactment under which appointments are made to an office; (b) an amendment which adds a reference to an office to which appointments are made under an enactment; (c) an amendment consequential on the abolition or change of name of an office; (d) an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office. (4) The Lord Chancellor may by order amend section ... 94AA ... if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3). (5) The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order. (6) An office may not be specified in an order under subsection (5) if— (a) the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies the single condition specified in the provisions, and (b) that condition is one of the conditions listed in subsection (8). (7) An office may not be specified in an order under subsection (5) if— (a) the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies one or some other particular number or all, or at least one or at least some other particular number, of several conditions specified in the provisions, and (b) at least one of the conditions specified in the provisions is listed in subsection (8). (8) The conditions are— (a) that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number); (b) that the person is a solicitor in Scotland of at least a particular number of years' standing; (c) that the person is an advocate in Scotland of at least a particular number of years' standing; (d) that the person is a solicitor in Northern Ireland of at least a particular number of years' standing; (e) that the person is a barrister in Northern Ireland of at least a particular number of years' standing. (9) Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland. (10) An order under subsection (5)— (a) may make different provision for different purposes; (b) may make consequential, transitory, transitional or saving provision.

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86 Duty to fill vacancies

(1) The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14. (1A) The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Lord Chief Justice that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 2 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office. (1B) The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Senior President of Tribunals that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 3 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office. (2) The Lord Chancellor must make an appointment to fill any vacancy in an office listed in Table 1 of Part 2 or 3 of that Schedule. (2A) The Lord Chief Justice must make an appointment to fill any vacancy in an office listed in Table 2 of Part 2 of that Schedule. (2B) The Senior President of Tribunals must make an appointment to fill any vacancy in an office listed in Table 2 of Part 3 of that Schedule. (3) Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled. (4) Subsections (2A) and (2B) do not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.

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87 Request for selection

(1) The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies. (1A) The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, and a person may become a member of such a pool only by selection on a request under this subsection. (2) Before making a request the Lord Chancellor must consult the Lord Chief Justice. (3) A request may relate to more than one recommendation or appointment. (4) Section 88 applies where the Lord Chancellor makes a request under this section. (5) That section is subject to section 95 (withdrawal and modification of requests).

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88 Selection process

(1) On receiving a request the Commission must— (a) determine the selection process to be applied, (b) apply the selection process, and (c) make a selection accordingly. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) One person only may be selected for each recommendation , appointment or pool membership to which a request relates. (5) Subsection (4) applies to selection under this section and to selection under regulations under section 94C.

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89 Report

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90 The Lord Chancellor's options

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91 Exercise of powers to reject or require reconsideration

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92 Selection following rejection or requirement to reconsider

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93 Reconsideration of decision not to select

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94 Power to require persons to be identified for future requests

(1) If the Lord Chancellor gives the Commission notice of a request which the Lord Chancellor expects to make under section 87, the Commission must seek to identify persons it considers would be suitable for selection on the request. (2) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about how the Commission is to comply with a duty imposed on it by subsection (1). (3) The regulations may in particular— (a) make provision as to things that are, or as to things that are not, to be done— (i) in complying with such a duty, or (ii) in determining how to comply with such a duty; (b) provide for the making of reports. (4) Regulations under this section— (a) may make different provision for different purposes; (b) may make consequential, supplementary, transitory, transitional or saving provision.

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94A Appointments not subject to section 85: courts

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94AA Appointments not subject to section 85: High Court deputy judge

(1) Where this section applies to an appointment, section 85 does not apply. (2) This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that— (a) there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court or any other court or tribunal to which a deputy judge of the High Court may be deployed, (b) it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and (c) there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business. (3) An appointment to which this section applies is to be made— (a) so as not to extend beyond the day on which the particular business concerned is concluded, or (b) so as not to extend beyond the later of— (i) the day on which the business is concluded, or (ii) the day expected when the appointment is made to be the day on which the business is concluded.

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94B Appointments not subject to section 85: tribunals

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94C Selection 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.

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95 Withdrawal and modification of requests

(1) This section applies to a request under section 69, 78 or 87 or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007. (2) The Lord Chancellor may withdraw or modify a request only as follows— (za) the Lord Chancellor may withdraw or modify a request in consequence of a vacancy, or perceived need for an additional office-holder, having been filled or partly filled by change in the amount of time required to be devoted to the duties of office by an existing holder of the office concerned; (a) so far as a request relates to any recommendation or appointment to fill a vacancy, he may withdraw or modify it with the agreement of the Lord Chief Justice; (b) so far as a request relates to any recommendation or appointment otherwise than to fill a vacancy, he may withdraw or modify it after consulting the Lord Chief Justice; (ba) so far as a request relates to any pool membership, the Lord Chancellor may withdraw or modify it after consulting the Lord Chief Justice; (c) the Lord Chancellor may withdraw a request as respects all recommendations , appointments or pool memberships to which it relates if, after consulting the Lord Chief Justice, the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily. (3) If a request is withdrawn in part or modified, the Commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted unconditionally or subject only to matters such as the selected person's willingness and availability. (4) The Lord Chancellor may not withdraw a request under subsection (2)(c) if a selection made pursuant to the request— (a) has been accepted unconditionally or subject only to matters such as the selected person's willingness and availability, or (b) in exercise of power conferred by regulations under section 94C, has been rejected or required to be reconsidered. (5) Any withdrawal or modification of a request must be by notice in writing to the Commission. (6) The notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c). (7) In the case of a withdrawal under subsection (2)(c), the notice must state why the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily. (8) If or to the extent that a request is withdrawn— (a) the preceding provisions of this Part cease to apply in relation to it, and (b) any selection made on it is to be disregarded. (9) Withdrawal of a request to any extent does not affect the power of the Lord Chancellor to make another request in the same or different terms.

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96 Effect of acceptance of selection

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97 Scotland and Northern Ireland

(1) Subsections (2) and (3) apply to consultation that a person is required to undertake under any of these provisions— (a) section 87(2); (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) section 95(2)(b) or (c), (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session. (3) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland. (4) Subsections (2) and (3) apply to the reference in section ... 95(2)(a) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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98 Assistance in connection with other appointments

(1) The Commission must provide any assistance requested by the Lord Chancellor under this section. (2) The Lord Chancellor may request assistance for the making by him or by another Minister of the Crown of an appointment or recommendation for appointment, other than one to which section 26 or a provision of this Part applies. (3) The Lord Chancellor may only request assistance under this section if it appears to him appropriate because of the Commission's other functions under this Part and the nature of the appointment concerned. (4) Without limiting the assistance that may be requested, it may include— (a) determining a selection process; (b) applying a selection process; (c) selecting a person; (d) selecting a short list; (e) advice on any of those matters. (5) Before making a request the Lord Chancellor must consult— (a) the Lord Chief Justice, and (b) the Commission. (6) In this section “appointment” includes the conferring of any public function. (7) In this Part references to selection under this Part include references to selection by the Commission pursuant to a request under this section (and references to a person selected under this Part are to be read accordingly).

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99 Complaints: interpretation

(1) This section applies for the purposes of this Part. (2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission. (3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or his department in connection with any of the following— (a) selection under this Part; (b) recommendation for or appointment to an office listed in Schedule 14. (3A) An LCJ complaint is a complaint by a qualifying complainant of maladministration by the Lord Chief Justice or the Lord Chief Justice's nominee, or anyone acting on behalf of either of them, in connection with— (a) selection under this Part for an office listed in Table 2 of Part 1 or 2 of Schedule 14, (b) appointment to an office listed in Table 2 of Part 2 of that Schedule, or (c) selection under this Part for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, or of maladministration by the Lord Chief Justice or the Master of the Rolls or the Lord Chief Justice's nominee, or anyone acting on behalf of any of them, in connection with the making of requests under section 9(1) of that Act. (3B) An SPT complaint is a complaint by a qualifying complainant of maladministration by the Senior President of Tribunals or a person to whom the Senior President has delegated functions, or anyone acting on behalf of either of them, in connection with— (a) selection under this Part for an office listed in Table 3 of Part 1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or (b) appointment to an office listed in Table 2 of Part 3 of that Schedule. (4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.

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