The Judicial Discipline (Prescribed Procedures) Regulations 2014

Interpretation

2.—(1) In these Regulations—

“the Act” means the Constitutional Reform Act 2005;

“advisory committee” means one of the Lord Chancellor’s advisory committees on justices of the peace;

“area coroner” means a person appointed as such under paragraph 2 of Schedule 3 to the Coroners and Justice Act 2009;

“assistant coroner” means a person appointed as such under paragraph 2 of Schedule 3 to the Coroners and Justice Act 2009;

“bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971(1);

“business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom;

“case” means a complaint or issue of misconduct being considered under these Regulations;

“complaint” means a complaint containing an allegation of misconduct by a person holding judicial office or other office;

“disciplinary action” means—

(a)

the exercise by the Lord Chancellor of the Lord Chancellor’s power to remove a person from office;

(b)

the exercise by the Lord Chief Justice of any of the Lord Chief Justice’s powers under section 108(3), (4)(b) and (c) and (5) of the Act(2); or

(c)

a decision that the Lord Chancellor will move an Address for the removal of a senior judge by both Houses of Parliament;

“disciplinary panel” has the meaning given by regulation 11;

“investigating judge” has the meaning given by regulation 10;

“justice of the peace” means a justice of the peace who is not a District Judge (Magistrates’ Courts);

“nominated judge” has the meaning given by regulation 9;

“office” means an office listed in regulation 3;

“office holder concerned” means the holder of an office whose conduct is being considered in accordance with these Regulations;

“relevant President” in relation to a tribunal means a President or other office holder with disciplinary responsibility for tribunal members and includes any office holder designated to exercise such disciplinary responsibility under rules made under regulation 7;

“senior coroner” means a person appointed as such under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009;

“tribunal member” has the meaning given by regulation 8.

(2) In these Regulations, unless the contrary intention appears, a reference to the Lord Chief Justice is to be read—

(a) in relation to an office holder who exercises functions wholly or mainly in Scotland, as a reference to the Lord President of the Court of Session;

(b) in relation to an office holder who exercises functions wholly or mainly in Northern Ireland, as a reference to the Lord Chief Justice of Northern Ireland;

(c) otherwise, as a reference to the Lord Chief Justice of England and Wales.

(1)

1971 c.80.

(2)

2005 c.4; section 108 was extended by the Coroners and Justice Act 2009 (c.25), Schedule 3, paragraph 14.