PART 1Introduction

Interpretation2

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 19713;

  • “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—

    1. a

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

    2. 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 Act4; or

    3. 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.