Independent Assessor of Compensation for Miscarriages of Justice CANDIDATE INFORMATION PACK Reference number: Assesscomp2015 Closing date for these posts is: noon on Thursday 30 April 2015 Applications should be submitted via: [email protected] If you require an alternative formatted version of this application form, please contact: Stewart Mead on 020 3334 6273 (or at the following e-mail address: [email protected]) to discuss your requirements. Twitter Follow us to keep up to date with public appointments vacancies Page 1 of 20 Contents Page Diversity and equality of opportunity .....................................................3 - Flexible working practices - Arrangement for candidates with a disability - Equal Opportunities Monitoring Form Background to the Independent Assessor ............................................4 Role of the independent Assessor .........................................................4 Person specification and eligibility criteria .............................................4 Conditions of appointment .................................................................... 6 Standards in public life, political activity, and conflicts of interests Indicative timetable and how to apply ...................................................8 How we will handle your application.......................................................8 Complaints Process................................................................................9 Appendix 1 The seven principles of public life ........................................................11 Appendix 2 Schedule 12 to the Criminal Justice Act 1988……………………..19 Page 2 of 20 Diversity and equality of opportunity Diversity of opportunity is something the Ministry of Justice cares passionately about. Applications are encouraged from all candidates regardless of ethnicity, religion or belief, gender, sexual orientation, age, disability, gender identity. We particularly welcome applications from women, those with a disability and those from a black or ethnic minority background. We would also particularly welcome applications from those currently working in, or with experience of, the private sector, and those who have not previously held public appointments. We want to explore the widest possible pool of talent for these important appointments. Flexible working practices The post is ad hoc and flexible. Arrangements for candidates with a disability Guaranteed Interview Scheme The Ministry of Justice operates a Guaranteed Interview Scheme (GIS) for disabled people. The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment and the impairment has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities. Under the GIS a disabled candidate will be selected for interview if they meet the minimum criteria for the role decided by the selection panel at sift. To ensure fairness, the panel will not be informed of who has applied under the GIS until they have set the minimum criteria at the start of the sift meeting. If you wish to be considered under the scheme, please complete the Guaranteed Interview Scheme Declaration on Diversity Monitoring Form in the supporting documents and send it with your application Adjustments If you have a disability and require adjustments to help you attend interview then you may wish to contact: Stewart Mead within the Public Appointments Team (by e-mail [email protected] or on 020 3334 6273) about your requirements at the interview stage should you proceed in the process; If you require adjustments to help you in the role of the Independent Assessor then you may wish to contact: Christopher Goulbourn within the Miscarriages of Justice Team (by e-mail: [email protected] or on 020 3334 6080) about your requirements to carry out the functions of the post should you be successfully appointed. Equal Opportunities Monitoring Form The [online] Equal Opportunities Monitoring Form is for monitoring purposes only. By collecting and analysing the data of those applying and obtaining an appointment, we can improve our diversity strategy. This form is not part of the selection process and will be treated in confidence. It will be kept separate from your application and not be seen by the selection panel. Background to the Organisation Page 3 of 20 The post of Assessor is a statutory appointment under section 133, Schedule 12 to the Criminal Justice Act 1988 and is a part-time fee paid role. The office holder is expected to undertake the role at their own home or work location. The Assessor makes assessments on the basis of written submissions from applicants and/or their legal representatives. In making assessments the Assessor applies principles analogous to those governing the assessment of damages for civil wrongs. The Assessor must, in practice, have significant experience of this area of the law (although this is not a statutory requirement). The Assessor is required to consider requests for interim assessments when applicants make them and to make final assessments when they have received all the relevant documentation. The Assessor is occasionally asked to reconsider final assessments, usually in the light of fresh material and also corresponds with the Miscarriages of Justice Team in the Ministry of Justice, aside from actual requests for assessments, as required. The work of the Assessor has reduced in recent years but in view of 2 current Judicial Review challenges to the statutory test that was introduced in March last year under Section 175 of the Anti-Social Behaviour, Crime and Policing Act 2014 it is difficult to estimate how many cases are likely to be granted compensation in the next few years. However, you may wish to know that in 2011/12 3 cases were granted compensation under the scheme, 1 in 2012/13 and 7 in 2013/14 Location The role can be based at your home or work location depending on your preference but you must ensure the security of the material that may be sent to you. Role of the Independent Assessor People whose convictions have been overturned at an out of time appeal in England and Wales may apply for compensation as a “miscarriage of justice”. If Ministers decide that an applicant qualifies under the statutory scheme (s.133 of the Criminal Justice Act 1988) the Assessor is then responsible for deciding what the amount of compensation should be and what legal or other costs incurred by applicants should be reimbursed. The Secretary of State for Justice is bound to accept the Assessor’s recommendations. Under the present law the Assessor has considerable independence in determining awards. The work of the Assessor can be complex with their decisions on the level of compensation open to challenge through judicial review. The Assessor is required to consider requests for interim assessments when applicants make them and to make final assessments when they have received all the relevant documentation. The Assessor is occasionally asked to reconsider final assessments, usually in the light of fresh material and also corresponds with the Miscarriages of Justice Team in the Ministry of Justice aside from actual requests for assessments as required. Person specification and eligibility criteria In making assessments the Assessor applies principles analogous to those governing assessment of damages for civil wrongs; the Assessor must have a significant experience of this area of law (although this is not a statutory requirement). Eligibility criteria Page 4 of 20 Anyone in the categories listed below will be considered for appointment as the Assessor: a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; an advocate or solicitor in Scotland; a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing; a person who holds or has held judicial office in any part of the United Kingdom; or a member (whether the chairman or not) of the Criminal Injuries Compensation Board. A person shall hold and vacate office as an assessor in accordance with the terms of his appointment. A person shall vacate office as an assessor— if he/she ceases to be qualified for appointment as an assessor; or on attaining the age of 72; unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office. However, anyone in the categories listed below will not be considered for appointment as the Assessor: Employed in the civil service of the state; Under employment restrictions, or with a limit on their permitted stay in the UK. Please also see the ‘Political Activity’ section below on page 15. Essential Criteria Knowledge of and experience in the assessment of common law damages. The most important area of expertise is in the field of personal injuries but some knowledge of the assessment of damages in the fields of false imprisonment and defamation would be an advantage; Evidence of a keen sense of impartiality and independent judgement and strong analytical skills with the ability to differentiate and weigh up competing arguments to reach firm conclusions and to act only and always in the interests of justice; A demonstrable understanding of, and a personal commitment to, equality and diversity; Evidence of exceptional written communication skills and the ability to operate effectively and comfortably when in the media spotlight. Page 5 of 20 Evidence of high levels of probity and that you have shown a commitment and consistency that has inspired trust and confidence; Proven sound judgement and the ability to act with the independence, integrity and authority required to establish credibility with the public, Ministers, the judiciary and key stakeholders. Knowledge and experience of the criminal justice system. Desirable Criteria Evidence of the ability to manage and successfully complete intermittent high volumes of case work at short notice. Conditions of appointment Remuneration, allowances and abatement The role is fee paid and has three different rates depending on the nature and complexity of each case. Fees are set at £1000 per day on the most complex cases, £500 per case for straightforward final assessments and £360 per case for interim assessments and advice cases. Although the role is fee paid this is paid within the Ministry of Justice salary payments subject to the receipt of a note of your fees by the Miscarriages of Justice Team on an ad hoc basis. Additional allowances may also be made in addition to the basic fee. These would cover such matters as any reasonable travelling and subsistence expenses which you may have to incur in the course of making an assessment; reimbursement of the cost to you of obtaining papers and documents beyond those provided to you by ourselves or the claimant; and any other reasonable expenses incurred by you, e.g. typing expenses, which may arise directly from preparation of your assessments and written recommendations. Remuneration will be subject to National Insurance Contributions. National Insurance is exempt over the age of 60, however the employer is still liable to pay 12.8% after the threshold. An Age exemption certificate (CF384) would be required if applicable. Abatement of salary will be taken into consideration if you receive a full salary from the public purse. The post is not pensionable. The issue of VAT has previously been a complex one and is matter for you to consider in liaison with your local VAT Office. If it assists the current Assessor incurred fees up to approximately £15,000 for 2014/15. If the appointment has not been confirmed before the Dissolution of Parliament it may be subject to confirmation by the new Administration. Appointment and tenure of office The Assessor is appointed by the Secretary of State for Justice. Appointment is for a fixed period of 5 years, or until the maximum age of 72. The post holder may be re-appointed at the end of the fixed period as long as they still meet the eligibility criteria. It will be important that the Assessor’s other commitments do not cast any doubt on their ability to act independently and impartially in discharging the role; any potential conflict of interest must be declared. Commitment Page 6 of 20 The Assessor will need to be available to respond to cases referred to them on an ad-hoc basis and to be able to provide assessments in a timely manner. Standards in public life, political activity, disqualification from appointment and conflicts of interests Standards in public life Candidates must also confirm that they understand the standards of probity required of public appointees outlined in the “Seven Principles of Public Life” drawn up by the Committee on Standards in Public Life (see Appendix 1). Candidates invited to interview will be questioned about any real or perceived conflicts of interest. These do not constitute an automatic bar to appointment, but they must be manageable. Political Activity The Assessor will need to show political impartiality during their tenure and must declare any party political activity they undertake in the period of their appointment. Due to the nature of the Assessor’s role it is not appropriate for the Assessor to occupy paid party political posts or hold sensitive, senior or prominent positions in any political organisation. Nomination for election to political office, for example the House of Commons, the Northern Ireland Assembly, Scottish Parliament, the European Parliament, is not considered compatible with the role of Assessor. Subject to the foregoing, the Assessor is free to engage in political activities, provided that they are conscious of their general responsibilities and standards for public life and exercise proper discretion. The Political Activity Declaration will be kept separate from your application and will only be seen by the selection panel prior to interview. However, it is appreciated that such activities may have given you relevant skills, including experience gained from committee work, collective decision making, resolving conflict and public speaking. If, therefore, you have had such experience and you consider it relevant to your application for this post, you should include it separately in the main body of your application. If you are successfully appointed to the post, details of your response to the Political Activity Declaration will be included in any announcement of your appointment. Conflicts of Interest You will be required to declare any conflict of interest that arises in the course of Assessor business and must declare any relevant business interests, positions of authority or other connections with commercial, public or voluntary bodies. Any actual or perceived conflicts of interest will be fully explored by the panel at short listing or interview stage. More generally, there are five issues most frequently encountered that could lead to real, or apparent, conflicts of interest: Financial interests or share ownership –for example, holding shares in a firm that is considering applying or has licensed body status in relation to Alternative Business Structures could be a particular area of concern Expertise or activity in particular areas, that whilst not precluding appointment may be perceived by the public as a conflict of interest –for example, it is especially important that associations with legal firms are explored fully Membership of some societies or organisations –for example, dealings with the legal and financial sectors will need to be explored fully Rewards for past or future contributions or favours Page 7 of 20 The activities, associations and employment of relatives or partners. Further advice about conflicts of interest can be obtained by contacting: Stewart Mead on 020 3334 6273. Indicative timetable and how to apply Timetable Advert date: Week commencing 23 March 2015 Closing date: noon on Thursday 30 April 2015 Candidates informed if they will be invited to interview: mid May 2015 Provisional appointment: July 2015 Commencement of Appointment tenure: 1 November 2015 How to apply To apply, please send: A copy of your CV. A supporting letter of no more than two sides, that evidences how you meet all the essential criteria. Please provide examples of where your knowledge and experience matches the essential criteria required for the role. Your supporting letter should provide specific and detailed examples to demonstrate how you meet the essential criteria (including what you did to achieve a specific result). Please ensure you include preferred daytime, evening and mobile telephone numbers, as well as a preferred e-mail address, which will be used with discretion. You should also complete the separate supporting providing any political activity, conflicts of interest, public appointments currently held and the names and contact details of two referees. Please note referees will be contacted if you are shortlisted for interview. Applications should be sent to: [email protected] Please note that applications may be passed, in confidence, to the Commissioner for Public Appointments (CPA) and the Commissioner’s auditors for the purposes of complaints investigation and audit (8.2 of the CPA Code of Practice refers). The Closing date for applications is: Noon on Thursday 30 April 2015. Your personal information We will process your application in accordance with the Data Protection Act 1998 and the Ministry of Justice’s Information Charter, which can be found at https://www.gov.uk/government/organisations/ministry-of-justice/about/personalinformation-charter How we will handle your application The selection panel will include: Margaret Scott (Public Appointments Assessor, nominated by the Office of the Commissioner for Public Appointments; Page 8 of 20 Nicola Hewer, Deputy Director Victim, Witness and CJS Delivery, Ministry of Justice; An independent panel member (to be confirmed) We will deal with your application as quickly as possible (timings below are indicative). Once you have submitted your application, its receipt will be acknowledged; Your application will be assessed against the essential criteria and experience for the post. It is important that you provide as much detail as possible within the limit constraints of two sides; By mid May 2015 the panel will aim to have decided the candidates who will be invited for interview, taking account of the evidence provided on your application. Where a candidate is unable to attend an interview on the set date then an alternative date will only be offered at the discretion of the panel; Interviews are currently intended to take place at 102 Petty France, London SW1H 9AJ in early June 2015. Travel expenses will not be payable for attending interviews If you accept an invitation to interview we may take two references in advance of the interview; If invited to interview, the panel will explore with you your experience and expertise to find whether you meet the essential criteria. You may be asked to start the interview with a short presentation; If, in the view of the panel you have the skills for the post and are appointable, your name will be amongst those recommended to Ministers who will decide on the appointment; If you are successful, you will receive a letter formally appointing you as the Assessor. If your application is unsuccessful you will be contacted by e-mail by the Public Appointments Team. Security Clearance For the successful candidate, final confirmation will be subject to basic clearance checks, covering confirmation of identity and right to work in the UK plus a criminal record check. This will involve completion of several paper and electronic forms and can take up to five weeks to process following completion of the forms. Counter Terrorist Check (CTC clearance) will also be required for this role, and you will be asked to complete an online vetting form, which can take a further seven weeks to complete the process. Complaints Process If you feel that you have any complaint about any aspect of the way your application has been handled, we would like to hear from you. In the first instance please write, or e-mail, the Public Appointments Team at the address or e-mail address given below quoting the appropriate reference. Mike Gibbs Ministry of Justice Head of the Public Appointments Team ALB Governance Division Page 9 of 20 10th Floor, 10.10 102 Petty France London, SW1H 9AJ E-mail address: [email protected] Complaints must be received by the Public Appointments Team within 12 calendar months of the issue or after the recruitment competition has closed, whichever is the later. Your complaint will be acknowledged within 2 working days of receipt and answered as quickly and clearly as possible; at the most within 20 working days of receipt. If this deadline cannot be met we will inform you why this is the case and when you can expect a reply. Taking it further If, after receiving a comprehensive response, you are still concerned, you can write to the address below: Commissioner for Public Appointments Room G/8, Ground Floor 1 Horse Guards Road London, SW1A 2HQ The Commissioner for Public Appointments regulates and monitors appointments to public bodies to ensure procedures are fair. More information about the role of the Commissioner and his Code of Practice is available from http://publicappointmentscommissioner.independent.gov.uk/ Page 10 of 20 Appendix 1 The seven principles of public life All candidates for public appointments are expected to demonstrate a commitment to, and an understanding of, the value and importance of the principles of public service. The seven principles of public life are: Selflessness Holders of public office should act solely in terms of the public interest. Integrity Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. Objectivity Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. Accountability Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. Openness Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. Honesty Holders of public office should be truthful. Leadership Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs. Page 11 of 20 Conflicts of Interest and previous conduct Please give details of any business or other interests or any personal connections which, if you are appointed, could be misconstrued or cause embarrassment to either the Ministry of Justice or the [Organisation]. Any particular conflicts of interest detailed here will not prevent you going forward to interview but may, if appropriate, be explored with you during your interview to establish how you would address the issue(s) should you be successful in your application. Please also provide details if you have every been convicted of, or cautioned for, any criminal offence or have been found guilty of professional misconduct, or if any such proceedings are pending (Please give details, including dates and amount of any fine or other penalty imposed) (NB successful candidates’ final confirmation will be subject to basic clearance checks, covering confirmation of identity and right to work in the UK plus a criminal record check). I confirm I have read and understood the sections in the candidate pack on ‘Standards in public life’ and ‘Political Activity’. (Please tick the above box) Is this your first public appointment? Yes: No: Where did you see this appointment advertised? …………………………… Public Appointments Currently Held Please say below if you currently hold any other public appointment posts: Body Period of Appointment Government Department Page 12 of 20 Page 13 of 20 Requests for referees Please provide names and contact details of two people who may be asked to act as referees for you, at least one of whom must have knowledge of your work relating to your most recent professional and/ or voluntary activity. They will be expected to have authoritative and personal knowledge of your achievements in a professional or public service capacity. Reference 1: Name: Address: Telephone: Email: Reference 2: Name: Address: Telephone: Email: Please note that for applicants called to interview, we will approach your referees prior to interview. Declaration I declare that the information supplied in this application, including that referring to conflicts of interest and previous conduct, is complete and correct to the best of my knowledge. I have also read the information pack and can confirm that I am eligible to be considered for appointment to this body. I also certify that I will immediately inform the Ministry of Justice of any changes in circumstances that affect the answers I have given. (Please tick the above box) Note: If you are successfully appointed to the post, a brief summary of your career/experience and details of your response to the Political Activity Declaration will be included in any announcement of your appointment. Page 14 of 20 Political Activity Declaration All applicants should complete the question below. Please indicate which of the following activities you have undertaken during the past five years by ticking the appropriate box and providing details of your involvement. Name the party or body for which you have been active. If you have been or are an Independent or have sought or obtained office as a representative of a particular interest group, you should state this. You should tick all relevant categories. Obtained office as a Local Councillor, MP, Devolved offices, MEP etc Stood as a candidate for one of the above offices Spoken on behalf of a party or candidate Acted as a political agent Held office such as Chair, Treasurer or Secretary of a local branch of a party Canvassed on behalf of a party or helped at election Undertaken any political activity which you consider relevant Made a recordable donation to a political party 1 None of the above activities apply. Name of Party for which activity undertaken: …………………………………… Details of your involvement (please continue on a separate sheet if necessary): Note: this form is for monitoring purposes only and therefore will be detached from your application and will only be seen by the selection panel if selected for interview. However, it is appreciated that such activities may have given you relevant skills, including experience gained from committee work, collective decision making, resolving conflict and public speaking. If, therefore, you have had such experience and you consider it relevant to your application for this post, you should include it separately in the main body of your application form. 1 The Political Parties, Elections and Referendums Act 2000 requires the Electoral Commission to publish a register of recordable donations (donations from an individual totalling more than £5000 in any calendar year, or more than £1000 if made to a subsidiary accounting unit such as a constituency association, local branch, women’s or youth organisations). These provisions became effective from 16 February 2001. Page 15 of 20 Equal Opportunities Monitoring Form All Government Departments aim to provide fair and equal access to public appointments and to ensure that all sectors of society are represented. You are requested to complete the Equal Opportunities Monitoring Form. The questions set out in this form help us to monitor the effectiveness of this policy by gaining a picture of all those applying for and obtaining appointments. They also help us to monitor how we are complying with equality law. The Equality Act 2010 protects people from discrimination and promotes equality on the basis of a number of ‘protected characteristics’. We ask for information on your ‘protected characteristics’ in order to help us monitor our performance on equality. The government’s commitment to widening access to public appointments is set out in the Diversity Strategy which can be viewed at: https://www.gov.uk/government/policies/creating-a-fairer-and-more-equalsociety or obtained from the Government Equalities Office. We may also be asked to provide information – in summary form only that does not identify individuals in response to Parliamentary Questions and other public enquiries and reports on our equality performance. In line with Government policy, and in accordance with the provisions of the Data Protection Act 1998, the information you provide will be held confidentially and can only be used if you give us your consent. The form will be kept separate from your application form and will not be seen by the sift or interview panel. Assessment of your suitability for the post is made purely on the information you give on the application form and your performance at the interview should you be invited. Appointments are made strictly on merit. We hope that this encourages you to complete the form. Guaranteed Interview Scheme Declaration I consider myself to have a disability as defined under the Equality Act 2010, and I would like to apply under the Guaranteed Interview Scheme. (please tick if you wish to be considered for the GIS) I do require special arrangements should I be called to attend an interview. (Please state any such adjustments below if applicable). ______________________________________________________________ If you do not require special arrangements, please leave blank. Should you have any questions regarding the process, please contact: [email protected] or alternatively if you would like some further details of the role itself please contact [email protected] (Telephone; 0203 334 6080). Page 16 of 20 GENDER: Male Female AGE: 66+ 56-65 46-55 36-45 26-35 25 & under Prefer not to say Prefer not to say DISABILITY: The Disability Discrimination Act as incorporated in Equality Act 2010 defines a person as disabled if they have a physical or mental impairment which has substantial and long term (i.e. has lasted or is expected to last at least 12 months) adverse effect on their ability to carry out normal day-to-day activities. Adverse effects may arise from external barriers experienced by people with impairments. When you answer the question, you should not take into account the effect of any medication or treatments used or adjustments made (for example at work or at home) which reduce the effects of impairments. Instead, you should think about the effect the impairment would have if these were not being used or made. Taking this into account, do you consider yourself to be a disabled person? Yes: No: Prefer not to say ETHNIC ORIGIN: Which group do you identify with? Please tick one box. The options are listed alphabetically. ASIAN OR ASIAN BRITISH Bangladeshi Chinese Indian Pakistani Any Other Asian background (specify if you wish) BLACK OR BLACK BRITISH African Caribbean Any Other Black background (specify if you wish) MIXED Asian and White Black African and White Black Caribbean and White Any other Mixed Ethnic Background (specify if you wish) Page 17 of 20 WHITE White ANY OTHER BACKGROUND Any other ethnic background (specify below if you wish) Prefer not to say SEXUAL ORIENTATION - Do you consider yourself to be: Bisexual Gay man Gay woman Heterosexual Other (Please state below) Prefer not to say RELIGION AND BELIEF - What is your religion?: None Christian (including Church of England, Catholic, Protestant and all other Christian denominations) Buddhist Hindu Jewish Muslim Sikh Other (Please state below) Prefer not to say SECTORAL BACKGROUND - Is your working background?: Mixed Mostly Civil Service Mostly private Mostly Third Sector Mostly wider public sector Page 18 of 20 Appendix 2 SCHEDULE 12 ASSESSORS OF COMPENSATION FOR MISCARRIAGES OF JUSTICE 1 A person may only be appointed to be an assessor for the purposes of section 133 above if he is— (a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate or solicitor in Scotland; (c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing; (d) a person who holds or has held judicial office in any part of the United Kingdom; or (e ) a member (whether the chairman or not) of the Criminal Injuries Compensation Board. 2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment. 3 A person shall vacate office as an assessor— (a) if he ceases to be qualified for appointment as an assessor; or (b) on attaining the age of 72; unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office. 4 A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect. 5 Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that— (a) he has been convicted of a criminal offence; (b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors; (c ) he is incapacitated by physical or mental illness; or (d ) he is otherwise unable or unfit to perform his duties. 6 The power conferred by paragraph 5 above shall only be exercisable— a) in the case of a person who qualifies for appointment under paragraph 1(a) or (c), or paragraph 1(d) by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and (b) in the case of a person who qualifies for appointment under paragraph 1(b), or paragraph 1(d) by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session. Page 19 of 20 Page 20 of 20
© Copyright 2024