|
| |
|
| |
(a) | may require a decision as to the exercise of functions under section 94, |
| |
or functions mentioned in subsection (1) of that section, to be taken in |
| |
accordance with findings made pursuant to prescribed procedures; |
| |
(b) | may require that prescribed steps be taken by the Lord Chief Justice or |
| 5 |
the Minister in exercising those functions or before exercising them. |
| |
(3) | The regulations may provide for any prescribed requirement not to apply if the |
| |
Lord Chief Justice and the Minister so agree. |
| |
(4) | Where the regulations impose any requirement on the office holder under |
| |
investigation or on a complainant, a person contravening the requirement does |
| 10 |
not incur liability other than liability to such procedural penalty if any (which |
| |
may include the suspension or dismissal of a complaint)— |
| |
(a) | as may be prescribed by the regulations, or |
| |
(b) | as may be determined by the Lord Chief Justice and the Minister or |
| |
either of them in accordance with provisions so prescribed. |
| 15 |
(5) | The regulations may make different provision for different purposes. |
| |
(6) | Nothing in this section limits the generality of section 96. |
| |
| |
(1) | Regulations under section 96 may provide for provision of a prescribed |
| |
description that may be included in the regulations to be made instead by rules |
| 20 |
made by the Lord Chief Justice with the agreement of the Minister. |
| |
(2) | But the provision that may be made by rules does not include— |
| |
(a) | provision within section 97(2); |
| |
(b) | provision made for the purposes of section 97(4). |
| |
(3) | The rules are to be published in such manner as the Lord Chief Justice may |
| 25 |
determine with the agreement of the Minister. |
| |
99 | Extension of discipline provisions to other offices |
| |
(1) | This Chapter applies in relation to an office designated by the Minister under |
| |
this section as it would apply if the office were listed in Schedule 12. |
| |
(2) | The Minister may by order designate any office, not listed in Schedule 12, the |
| 30 |
holder of which he has power to remove from office. |
| |
(3) | An order under this section may be made only with the agreement of the Lord |
| |
| |
Complaints and references |
| |
100 | Investigations by the Ombudsman relating to conduct |
| 35 |
(1) | Subsections (2) and (3) apply to a complaint by a person within subsection (4) |
| |
| |
(a) | a failure by the Lord Chief Justice, the Minister or any other person to |
| |
comply with prescribed procedures, or |
| |
|
| |
|
| |
|
(b) | other maladministration in an investigation or determination to which |
| |
| |
(2) | If the Ombudsman considers that investigation of the complaint is not |
| |
necessary, he must inform the complainant. |
| |
(3) | Otherwise he must investigate the complaint. |
| 5 |
(4) | The persons who may make a complaint under this section are these— |
| |
(a) | the judicial office holder who was the subject of the investigation or |
| |
| |
(b) | a complainant under regulations under section 96. |
| |
(5) | Subsection (1) does not apply to a complaint such as is mentioned there if it is |
| 10 |
made to the Ombudsman more than 28 days after the latest of — |
| |
(a) | the matter complained of; |
| |
(b) | the complainant being notified of the conclusion or other termination |
| |
of an investigation to which the complaint relates; |
| |
(c) | the complainant being notified of a determination to which the |
| 15 |
| |
(6) | A complaint under this section must be in a form approved by the |
| |
| |
101 | Report and recommendations |
| |
(1) | The Ombudsman must prepare a report on any complaint he has investigated |
| 20 |
| |
(2) | The report must state— |
| |
(a) | what findings the Ombudsman has made; |
| |
(b) | whether he considers the complaint should be upheld in whole or part; |
| |
(c) | if he does, what if any action he recommends should be taken by the |
| 25 |
Lord Chief Justice or the Minister as a result of the complaint. |
| |
(3) | The recommendations that may be made under subsection (2)(c) include |
| |
recommendations for the payment of compensation. |
| |
(4) | Such a recommendation must relate to loss which appears to the Ombudsman |
| |
to have been suffered by the complainant as a result of maladministration. |
| 30 |
| |
(1) | This section applies to a report under section 101. |
| |
(2) | The Ombudsman must submit a draft of the report to the Lord Chief Justice |
| |
| |
(3) | In finalising the report the Ombudsman— |
| 35 |
(a) | must have regard to any proposal by the Lord Chief Justice or the |
| |
Minister for changes in the draft report; |
| |
(b) | must include in the report a statement of any such proposal not given |
| |
| |
(4) | The report must be signed by the Ombudsman. |
| 40 |
|
| |
|
| |
|
(5) | The Ombudsman must send the report in duplicate to the Lord Chief Justice |
| |
| |
(6) | The Ombudsman must send a copy of the report to the complainant, but that |
| |
copy must not include information— |
| |
(a) | which relates to an identified or identifiable individual other than the |
| 5 |
| |
(b) | whose disclosure by the Ombudsman to the complainant would (apart |
| |
from this subsection) be contrary to section 111. |
| |
103 | References to the Ombudsman relating to conduct |
| |
(1) | The Ombudsman must investigate any matter referred to him by the Lord |
| 10 |
Chief Justice or the Minister relating to an investigation or determination to |
| |
which prescribed procedures apply. |
| |
(2) | The matter may relate to the investigation or determination of a particular |
| |
complaint or complaints of any description. |
| |
(3) | The Ombudsman must report to the Lord Chief Justice and the Minister on any |
| 15 |
investigation under this section. |
| |
(4) | The report must state— |
| |
(a) | what findings the Ombudsman has made; |
| |
(b) | what if any action he recommends should be taken by any person in |
| |
| 20 |
(5) | The report must be signed by the Ombudsman. |
| |
| |
| |
104 | Interpretation of Part 4 |
| |
| 25 |
“appoint” includes nominate or designate (and “appointment” is to be |
| |
| |
the “Commission” means the Judicial Appointments Commission; |
| |
“Head of Division” means any of these— |
| |
(a) | the Master of the Rolls; |
| 30 |
(b) | the President of the Queen’s Bench Division; |
| |
(c) | the President of the Family Division; |
| |
(d) | the Chancellor of the High Court; |
| |
“high judicial office” has the meaning given by section 54; |
| |
“lay member” of the Commission has the meaning given by paragraph 4 |
| 35 |
| |
“Lord Chief Justice”, unless otherwise stated, means the Lord Chief |
| |
Justice of England and Wales; |
| |
“office” includes a position of any description; |
| |
the “Ombudsman” means the Judicial Appointments and Conduct |
| 40 |
| |
|
| |
|
| |
|
“prescribed” means prescribed by regulations under section 96 or by rules |
| |
| |
| |
Judicial Discipline: Northern Ireland |
| |
105 | Removal from most senior judicial offices |
| 5 |
In the Judicature (Northern Ireland) Act 1978 (c. 23) before section 13 insert— |
| |
| |
(1) | The Lord Chief Justice, Lords Justices of Appeal and judges of the High |
| |
Court hold office during good behaviour (subject to section 26 of, and |
| |
Schedule 7 to, the Judicial Pensions and Retirement Act 1993). |
| 10 |
(2) | Her Majesty may on an address presented to Her Majesty by both |
| |
Houses of Parliament remove a person from office as Lord Chief |
| |
Justice, a Lord Justice of Appeal or a judge of the High Court. |
| |
(3) | A motion for the presentation of an address to Her Majesty for the |
| |
removal of a person from any of those offices may be made— |
| 15 |
(a) | to the House of Commons only by the Prime Minister; and |
| |
(b) | to the House of Lords only by the Lord Chancellor. |
| |
(4) | Neither the Prime Minister nor the Lord Chancellor may make a |
| |
motion for the presentation of such an address unless a tribunal |
| |
convened under section 107 of the Constitutional Reform Act 2005 has |
| 20 |
reported to the Lord Chancellor recommending that the person be |
| |
removed from the office on the ground of misbehaviour. |
| |
(5) | The Prime Minister shall lay a copy of the report before the House of |
| |
Commons before making a motion for the presentation of an address in |
| |
that House; and the Lord Chancellor shall lay a copy of it before the |
| 25 |
House of Lords before making such a motion in that House. |
| |
(6) | If the Prime Minister and Lord Chancellor are considering the making |
| |
of motions for the presentation of an address to Her Majesty in relation |
| |
to the Lord Chief Justice, the Prime Minister may suspend him from |
| |
office; and if they are considering the making of such motions in |
| 30 |
relation to a Lord Justice of Appeal or a judge of the High Court the |
| |
Prime Minister may suspend him from office with the agreement of the |
| |
| |
(7) | If a person is suspended from an office under subsection (6), he may not |
| |
perform any of the functions of the office (but his other rights as holder |
| 35 |
of the office are unaffected).” |
| |
106 | Removal from listed judicial offices |
| |
(1) | A person holding a listed judicial office other than as a judge of the High Court |
| |
may be removed from office (and suspended from office pending a decision |
| |
whether to remove him) but only in accordance with this section. |
| 40 |
(2) | The power to remove or suspend him is exercisable by the Lord Chancellor. |
| |
|
| |
|
| |
|
(3) | He may only be removed if a tribunal convened under section 107 has reported |
| |
to the Lord Chancellor recommending that he be removed on the ground of |
| |
misbehaviour or inability to perform the functions of the office. |
| |
(4) | He may only be suspended if the tribunal, at any time when it is considering |
| |
whether to recommend his removal, has recommended to the Lord Chancellor |
| 5 |
| |
(5) | He may not be removed or suspended except after consultation with the Lord |
| |
| |
(6) | If he is suspended he may not perform any of the functions of the office until |
| |
the decision whether to remove him has been taken (but his other rights as |
| 10 |
holder of the office are unaffected). |
| |
107 | Tribunals for considering removal |
| |
(1) | A tribunal to consider the removal of the Lord Chief Justice may be convened |
| |
| |
(2) | A tribunal to consider the removal of the holder of any other protected judicial |
| 15 |
| |
(a) | by the Lord Chancellor, after consulting the Lord Chief Justice, or |
| |
(b) | by the Lord Chief Justice, after consulting the Lord Chancellor. |
| |
(3) | A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of |
| |
Appeal may not be convened unless the Prime Minister has been consulted. |
| 20 |
(4) | A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of |
| |
Appeal or a judge of the High Court is to consist of— |
| |
(a) | a person who holds high judicial office within the meaning of Part 3 |
| |
and does not hold (and has never held) the office of Lord Chief Justice, |
| |
Lord Justice of Appeal or judge of the High Court, |
| 25 |
(b) | a person who is, or has been, a judge of the Court of Appeal of England |
| |
and Wales or the Inner House of the Court of Session, and |
| |
(c) | a person who does not hold (and has never held) a protected judicial |
| |
office and is not (and has never been) a barrister or solicitor. |
| |
(5) | A tribunal to consider the removal of the holder of any other protected judicial |
| 30 |
| |
(a) | a person who holds, or has held, the office of Lord Chief Justice or Lord |
| |
| |
(b) | a person who holds the office of judge of the High Court, and |
| |
(c) | a person who does not hold (and has never held) a protected judicial |
| 35 |
office and is not (and has never been) a barrister or solicitor. |
| |
(6) | The chairman of a tribunal is the person mentioned in paragraph (a) of |
| |
| |
(7) | The selection of the persons to be the members of a tribunal under paragraphs |
| |
(a) and (b) of subsection (4) is to be made by the Lord Chancellor, after |
| 40 |
| |
(a) | the Lord Chief Justice (unless the tribunal is to consider his removal |
| |
| |
(b) | the President of the Supreme Court of the United Kingdom, |
| |
(c) | the Lord Chief Justice of England and Wales, and |
| 45 |
|
| |
|
| |
|
(d) | the Lord President of the Court of Session. |
| |
(8) | The selection of the persons to be the members of a tribunal under paragraphs |
| |
(a) and (b) of subsection (5) is to be made by the Lord Chief Justice. |
| |
(9) | The selection of the person who is to be the member of a tribunal under |
| |
paragraph (c) of subsection (4) or (5) is to be made by the Lord Chancellor. |
| 5 |
(10) | The procedure of a tribunal is to be determined by the Lord Chief Justice except |
| |
| |
(a) | the office of Lord Chief Justice is vacant, |
| |
(b) | he is not available, or |
| |
(c) | the tribunal is to consider his removal from office; |
| 10 |
| and in such a case its procedure is to be determined by its chairman. |
| |
(11) | The Lord Chancellor may pay to a member of a tribunal any such allowances |
| |
or fees as he may determine. |
| |
108 | Interpretation of Part 5 |
| |
| 15 |
“listed judicial office” means an office listed in Schedule 1 to the Justice |
| |
(Northern Ireland) Act 2002 (c. 26); |
| |
“Lord Chief Justice”, unless otherwise stated, means the Lord Chief |
| |
Justice of Northern Ireland; |
| |
“Lord Justice of Appeal” means a person styled as such under section 3 of |
| 20 |
the Judicature (Northern Ireland) Act 1978 (c. 23); |
| |
“protected judicial office” means the office of Lord Chief Justice, the office |
| |
of Lord Justice of Appeal or a listed judicial office. |
| |
| |
Other provisions relating to the judiciary |
| 25 |
109 | Parliamentary disqualification |
| |
(1) | In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(c. 24) (judicial offices disqualifying for membership) at the beginning insert— |
| |
| “Judge of the Supreme Court.” |
| |
(2) | In Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act |
| 30 |
1975 (c. 25) (judicial offices disqualifying for membership) at the beginning |
| |
| |
| “Judge of the Supreme Court.” |
| |
(3) | A member of the House of Lords is, while he holds any disqualifying judicial |
| |
office, disqualified for sitting or voting in— |
| 35 |
| |
(b) | a committee of that House, or |
| |
(c) | a joint committee of both Houses. |
| |
(4) | In subsection (3) “disqualifying judicial office” means any of the judicial offices |
| |
| 40 |
|
| |
|
| |
|
(a) | Part 1 of Schedule 1 to the House of Commons Disqualification Act |
| |
| |
(b) | Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
| |
(5) | A member of the House of Lords who is disqualified under subsection (3) is not |
| 5 |
for that reason disqualified for receiving a writ of summons to attend that |
| |
House, but any such writ is subject to that subsection. |
| |
110 | Judicial Committee of the Privy Council |
| |
Schedule 13 contains amendments about the Judicial Committee of the Privy |
| |
| 10 |
| |
| |
| |
(1) | A person who obtains confidential information, or to whom confidential |
| |
information is provided, under or for the purposes of a relevant provision |
| 15 |
must not disclose it except with lawful authority. |
| |
(2) | These are the relevant provisions— |
| |
| |
| |
(c) | regulations and rules under Part 4. |
| 20 |
(3) | Information is confidential if it relates to an identified or identifiable individual |
| |
| |
(4) | Confidential information is disclosed with lawful authority only if and to the |
| |
extent that any of the following applies— |
| |
(a) | the disclosure is with the consent of each person who is a subject of the |
| 25 |
information (but this is subject to subsection (5)); |
| |
(b) | the disclosure is for (and is necessary for) the exercise by any person of |
| |
functions under a relevant provision; |
| |
(c) | the disclosure is for (and is necessary for) the exercise of functions |
| |
under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision |
| 30 |
whether to exercise them; |
| |
(d) | the disclosure is for (and is necessary for) the exercise of powers to |
| |
which section 94 applies, or a decision whether to exercise them; |
| |
(e) | the disclosure is required, under rules of court or a court order, for the |
| |
purposes of legal proceedings of any description. |
| 35 |
(5) | An opinion or other information given by one identified or identifiable |
| |
individual (A) about another (B)— |
| |
(a) | is information that relates to both; |
| |
(b) | must not be disclosed to B without A’s consent. |
| |
(6) | This section does not prevent the disclosure with the agreement of the Lord |
| 40 |
Chancellor and the Lord Chief Justice of information as to disciplinary action |
| |
taken in accordance with a relevant provision. |
| |
|
| |
|