47. (1) The Commission shall, following its consideration of applications in accordance with section 46, recommend to the Minister—

(a) where there is one judicial office in the State to be filled in a court, 3 persons for appointment to that judicial office, and

(b) where there is more than one judicial office in the State to be filled in the same court, 3 persons and 2 additional persons for each second and subsequent vacancy for appointment to those judicial offices.

(2) Where the Commission cannot, whether by reason of the number of applicants or the operation of section 46, or both, as the case may be, recommend to the Minister the number of persons specified in subsection (1)(a) but can recommend a lesser number of persons to the Minister, it shall—

(a) recommend to the Minister that lesser number of persons, and

(b) at the same time as making that recommendation, set out in writing the reasons it is unable to recommend the number of persons specified in that subsection.

(3) Where the Commission cannot, whether by reason of the number of applicants or the operation of section 46, or both, as the case may be, recommend to the Minister the total number of persons required by the application of subsection (1)(b) but can recommend a lesser total number of persons to the Minister, it shall—

(a) recommend to the Minister that lesser total number of persons, and

(b) at the same time as making that recommendation, set out in writing the reasons it is unable to recommend the number of persons specified in that subsection.

(4) Where the Commission determines that it cannot, whether by reason of there being no applicants or the operation of section 46, recommend to the Minister any person for the vacancy in a judicial office concerned, it shall—

(a) inform the Minister of that fact, and

(b) at the same time, set out in writing the reasons it is unable to recommend any person.

(5) The Commission shall, at the same time as making a recommendation, or informing the Minister that it cannot make a recommendation, under this section forward the name of each person who made an application in respect of the vacancy concerned.