- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: