Part 4

Judicial appointments and discipline
Chapter 3

Discipline

Applications for review and references

Reports on reviews
112
1
In this section references to the Ombudsman's response to an application are references to the findings and decisions referred to in section 111(1).
2
Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.
3
The draft report must state the Ombudsman's proposed response.
4
The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.
5
If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.
6
The Ombudsman must produce a final report that sets out—
a
the Ombudsman's response to the application, including any changes made to it to give effect to a proposal under subsection (5);
b
a statement of any proposal under subsection (5) that is not given effect to.
7
The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.
8
The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—
a
which relates to an identified or identifiable individual other than the applicant, and
b
whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 139.
9
Each copy must be signed by the Ombudsman.
10
No part of the Ombudsman's response to an application has effect until he has complied with subsections (2) to (9).
S. 112 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)