Regulation 41 The Lord Chief Justice’s options

(1)

This regulation refers to the following stages—

(a)

Stage 1 – where a person has been selected under section 88(1).

(b)

Stage 2 – where a person has been selected following a rejection or reconsideration at stage 1.

(c)

Stage 3 – where a person has been selected following a rejection or reconsideration at stage 2.

(2)

At stage 1 the Lord Chief Justice must do one of the following—

(a)

accept the selection;

(b)

reject the selection; or

(c)

require the Commission to reconsider the selection.

(3)

At stage 2 the Lord Chief Justice must do one of the following—

(a)

accept the selection;

(b)

reject the selection, but only if it was made following a reconsideration at stage 1; or

(c)

require the Commission to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)

At stage 3 the Lord Chief Justice must accept the selection unless paragraph (5) applies and the Lord Chief Justice accepts a selection under it.

(5)

If a person whose selection the Lord Chief Justice required to be reconsidered at stage 1 or stage 2 was not selected again at the next stage, the Lord Chief Justice may, at stage 3, accept the selection made at that earlier stage.