Section 85: Selection of puisne judges and other office holders, Constitutional Reform Act 2005

Sections 86 to 88 apply to—

a recommendation for an appointment to the office of puisne judge of the High Court;

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;

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.

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;

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.

Any such recommendation or appointment must be made in accordance with those sections and section 94C and regulations made under it.

This section is subject to—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 91(1ZB) of the Supreme Court Act 1981,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Lord Chancellor may by order make any of the following amendments to Schedule 14—

an amendment which adds a reference to an enactment under which appointments are made to an office;

an amendment which adds a reference to an office to which appointments are made under an enactment;

an amendment consequential on the abolition or change of name of an office;

an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office.

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).

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.

An office may not be specified in an order under subsection (5) if—

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

that condition is one of the conditions listed in subsection (8).

An office may not be specified in an order under subsection (5) if—

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

at least one of the conditions specified in the provisions is listed in subsection (8).

The conditions are—

that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number);

that the person is a solicitor in Scotland of at least a particular number of years' standing;

that the person is an advocate in Scotland of at least a particular number of years' standing;

that the person is a solicitor in Northern Ireland of at least a particular number of years' standing;

that the person is a barrister in Northern Ireland of at least a particular number of years' standing.

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.

An order under subsection (5)—

may make different provision for different purposes;

may make consequential, transitory, transitional or saving provision.

Section 85: Selection of puisne judges and other office holders

Discussed in

About this text