Commentary on Sections Non-judicial members of the selection commission
87.Paragraph 6 sets out the rules governing the appointment of members of the territorial appointing commissions to the selection commission.
88.Under paragraph 6(2), the Lord Chancellor will be responsible for nominating one member of each of the territorial appointing commissions; however, under paragraph 6(4) he may only do this on the recommendation of the territorial appointing commission of which the person is a member. Sub-paragraph (3) provides that at least one of the persons nominated from the territorial appointing commissions must be non-legally qualified (defined for the purposes of this paragraph in paragraph 6(6) and (7)). In effect this means that if at least one of the territorial commissions does not recommend a non-legally qualified person, the Lord Chancellor will, before the commission can be convened, have to broker a solution with the territorial commissions whereby one of them will agree to recommend a non-legally qualified member.