Appointment of the tribunal
8.—(1) Unless the application belongs to a class or group of proceedings for which members have already been appointed, the members ofthe tribunal who are to hear the application shall be appointed by the chairman.
(2) A person shall not be qualified to serve as a member of a tribunal for the purpose of any proceedings where—
(3) The persons qualified to serve as president of the tribunal for the consideration of an application or reference relating to a restricted patient shall be restricted to those legal members who have been approved for that purpose by the [Lord Chief Justice after consulting the Lord Chancellor].
[(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions referred to in paragraph (3).]