16. In regulation 29 (convening a review body)—
(a)for paragraph (1)(d) substitute—
“(d)the subject of the disciplinary proceedings requests the Lord Chancellor and the Lord Chief Justice to refer the case to a review body under paragraph (2) unless—
(i)the request to refer is totally without merit; or
(ii)before a review body has convened, the subject of the disciplinary proceedings withdraws the request under paragraph (5)(a),
in which case the Lord Chancellor and the Lord Chief Justice shall not convene a review body unless they consider there are good reasons for doing so.”;
(b)after paragraph (2) insert—
“(2A) (a) Where the subject of the disciplinary proceedings makes a request under paragraph (2), the Lord Chancellor and the Lord Chief Justice must in the first instance refer that request to a nominated judge to consider whether the request is totally without merit.
(b)The nominated judge invited to consider the request must not be a nominated judge who has previously considered any aspect of the case.”;
(c)in paragraph (4)—
(i)at the end of sub-paragraph (a) delete “, and” and substitute a semicolon;
(ii)at the end of sub-paragraph (b) substitute the full stop with “and why; and”; and
(iii)after sub-paragraph (b) insert—
“(c)indicate whether he wishes to make oral representations to the review body.”; and
(d)after paragraph (4) insert—
“(5) (a) Subject to sub-paragraph (b), the subject of the disciplinary proceedings may withdraw a request under paragraph (2) at any time.
(b)If the request made under paragraph (2) is withdrawn after a review body has convened, the subject of the disciplinary proceedings must give reasons for withdrawing the request.
(c)The review body must discontinue its review if the request made under paragraph (2) has been withdrawn, unless it considers there are good reasons to continue with a review.”.