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The Judicial Discipline (Prescribed Procedures) Regulations 2006

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Decisions and proposed disciplinary action

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26.  (1)  Where they have considered advice from a nominated judge, the report of an advisory committee or a President under regulation 19 or the report of an investigating judge under Part 5, the Lord Chancellor and the Lord Chief Justice may agree that—

(a)the case is unsubstantiated and is dismissed;

(b)the case is substantiated wholly or in part, but does not require further action and is dismissed;

(c)the case is substantiated wholly or in part, but should be dealt with informally by the Lord Chief Justice;

(d)if the case is about a tribunal member, it should be dealt with by a President;

(e)the case is substantiated wholly or in part and—

(i)the Lord Chief Justice will exercise one or more of his disciplinary powers;

(ii)the Lord Chancellor will exercise his power to remove the subject of the disciplinary proceedings from judicial office; or

(iii)the Lord Chancellor will move an Address;

(f)they will refer the case to a review body under Part 7.

(2) Where a case has been reviewed by a review body, the Lord Chancellor and the Lord Chief Justice shall be bound by any findings of fact made by the review body, and shall not take any disciplinary action more severe than that recommended by the review body.

(3) The Lord Chancellor and the Lord Chief Justice may, after considering the review body’s report, propose to take action under paragraphs (1)(a) to (e).

(4) If the Lord Chancellor and the Lord Chief Justice cannot agree what action should be proposed, the case is dismissed.

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