Section 98: Assistance in connection with other appointments

Constitutional Reform Act 2005 · 2005 c. 4View on legislation.gov.uk

Part 4: Judicial appointments and discipline — Chapter 2: Appointments

The Commission must provide any assistance requested by the Lord Chancellor under this section.

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.

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.

Without limiting the assistance that may be requested, it may include—

determining a selection process;
applying a selection process;
selecting a person;
selecting a short list;
advice on any of those matters.

Before making a request the Lord Chancellor must consult—

the Lord Chief Justice, and
the Commission.

In this section "appointment" includes the conferring of any public function.

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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