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The Judicial Discipline (Prescribed Procedures) Regulations 2006

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Composition of a review body

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28.—(1) A review body must consist of—

(a)a judicial office holder of a higher judicial rank than the subject of the disciplinary proceedings;

(b)a judicial office holder of the same judicial rank as the subject of the disciplinary proceedings; and

(c)two other members, neither of whom has been—

(i)a judicial office holder, or

(ii)a practising lawyer (within the meaning of paragraph 6(1) of Schedule 12 to the Act).

(2) A judicial office holder for the purposes of paragraph (1)(a) or (b) may be a former judicial office holder and reference to his judicial rank means the rank he held immediately before he ceased to hold judicial office.

(3) The Lord Chief Justice with the agreement of the Lord Chancellor shall nominate the members of the review body under paragraphs 1(a) and (b).

(4) The Lord Chancellor with the agreement of the Lord Chief Justice shall nominate the other members.

(5) A person is ineligible for membership of the review body if he has had any previous involvement with the case concerned, other than as a member of a review body.

(6) The judicial office holder nominated under paragraph (1)(a) shall chair the review body and shall have a casting vote if necessary.

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