Part 4

Judicial appointments and discipline
Chapter 3

Discipline

Applications for review and references

Review by the Ombudsman
111
1
Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—
a
on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;
b
decide what if any action to take under subsections (2) to (7).
2
If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.
3
A recommendation under subsection (2) may be for the payment of compensation.
4
Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.
5
If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.
6
If a determination is set aside under subsection (5)—
a
the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and
b
for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.
7
Subsection (6) is subject to any direction given by the Ombudsman under this subsection—
a
for a previous investigation or review to be taken into account to any extent, or
b
for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.
8
This section is subject to section 112.
S. 111 applied (3.4.2006) by The Judicial Discipline (Prescribed Procedures) Regulations 2006 (S.I .2006/676), {reg. 44} (with reg. 45)
Pt. 4 Ch. 3 applied (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(a), Sch. 3 para. 14 (with s. 180); S.I. 2013/1869, art. 2(j)
Ss. 110-113 applied (with modifications) (18.8.2014) by The Judicial Discipline (Prescribed Procedures) Regulations 2014 (S.I. 2014/1919), regs. 1, 22 (with reg. 24)
Pt. 4 Ch. 3 applied (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 126(5)(8), 131(1)(4)(c); S.I. 2022/1014, reg. 2(a)
Ss. 110-113 applied (with modifications) (13.10.2023) by The Judicial Discipline (Prescribed Procedures) Regulations 2023 (S.I. 2023/1005), regs. 1, 21 (with reg. 3)