The Judicial Discipline (Prescribed Procedures) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the investigation and determination of complaints of misconduct by a judicial office holder, a senior coroner, an area coroner, an assistant coroner or an office that has been designated by an order under section 118 of the Constitutional Reform Act 2005 (c4). The term judicial office holder is defined in section 109(4) of the Constitutional Reform Act 2005.

The Regulations replace the Judicial Discipline (Prescribed Procedures) Regulations 2006 and the Judicial Discipline (Prescribed Procedures) (Amendment) Regulations 2008.

Part 1 defines certain terms used in the Regulations (regulation 2) and sets out the offices that the Regulations apply to (regulation 3). It also provides for the designation of dedicated officials in the Judicial Conduct Investigations Office to support the Lord Chancellor, the Lord Chief Justice of England and Wales, the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland in the exercise of their functions of investigating and determining complaints of judicial misconduct (regulation 4). The Judicial Conduct Investigations Office replaces the Office for Judicial Complaints.

Part 2 sets out to whom complaints are to be made (regulation 6). It also makes provision for rules to be made by the Lord Chief Justice with the agreement of the Lord Chancellor setting out the investigation process (regulation 7). Provision is also made for the nomination of nominated judges (regulation 9), investigating judges (regulation 10) and the constitution of disciplinary panels (regulation 11) who may be given functions in the investigation process.

Part 3 deals with the decision-making by the Lord Chancellor and the Lord Chief Justice once an investigation has been carried out.

Part 4 contains various miscellaneous provisions. These include provisions dealing with publication of information about disciplinary proceedings and decisions (regulation 18), the effect of the cessation of office by an office holder upon the disciplinary process (regulation 23) and transitional provision (regulation 24).