PART 4Miscellaneous

Ceasing to hold office

23.—(1) Subject to paragraphs (2) and (4), where the office holder concerned ceases to hold their office, consideration of the complaint under these Regulations or rules made under regulation 7 must cease.

(2) The Lord Chancellor and the Lord Chief Justice may continue to deal with the case and then make a finding of misconduct in relation to the office holder concerned where the circumstances in paragraph (3) apply.

(3) The circumstances are—

(a)the office holder concerned ceases to hold their office;

(b)a disciplinary panel or an investigating judge proposes to advise, or has advised, the Lord Chief Justice and the Lord Chancellor that the office holder concerned should be removed from holding their office; and

(c)no decision has been made under regulation 15.

(4) Paragraph (1) does not apply where—

(a)the office holder concerned has ceased to hold their office; but

(b)the Ombudsman directs under section 111(7)(b) of the Act that an investigation should be undertaken or undertaken again.