Constitutional Reform Act 2005
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Change 1
116 Contents of regulations
(1) Regulations under section 115(a) may include provision as to any of the following— (a) circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise); (b) steps to be taken by a complainant before a complaint is to be investigated; (c) the conduct of an investigation, including steps to be taken by the office holder under investigation or by a complainant or other person; (d) time limits for taking any step and procedures for extending time limits; (e) persons by whom an investigation or part of an investigation is to be conducted; (f) matters to be determined by the Lord Chief Justice, the Lord Chancellor, the office holder under investigation or any other person; (g) requirements as to records of investigations; (h) requirements as to confidentiality of communications or proceedings; (i) requirements as to the publication of information or its provision to any person. (2) The regulations— (a) may require a decision as to the exercise of functions under section 108, or functions mentioned in subsection (1) of that section, to be taken in accordance with findings made pursuant to prescribed procedures; (b) may require that prescribed steps be taken by the Lord Chief Justice or the Lord Chancellor in exercising those functions or before exercising them. (3) Where regulations under section 115(a) impose any requirement on the office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint)— (a) as may be prescribed by the regulations, or (b) as may be determined by the Lord Chief Justice and the Lord Chancellor or either of them in accordance with provisions so prescribed. (4) Regulations under section 115 may— (a) provide for any prescribed requirement not to apply if the Lord Chief Justice and the Lord Chancellor so agree; (b) make different provision for different purposes. (5) Nothing in this section limits the generality of section 115.
116 Contents of regulations
(1) Regulations under section 115(a) may include provision as to any of the following— (a) circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise); (b) steps to be taken by a complainant before a complaint is to be investigated; (c) the conduct of an investigation, including steps to be taken by the office holder under investigation or by a complainant or other person; (d) time limits for taking any step and procedures for extending time limits; (e) persons by whom an investigation or part of an investigation is to be conducted; (f) matters to be determined by the Lord Chief Justice, the Lord Chancellor, the office holder under investigation or any other person; (g) requirements as to records of investigations; (h) requirements as to confidentiality of communications or proceedings; (i) requirements as to the publication of information or its provision to any person. (2) The regulations— (a) may require a decision as to the exercise of functions under section 108, or functions mentioned in subsection (1) of that section, to be taken in accordance with findings made pursuant to prescribed procedures; (b) may require that prescribed steps be taken by the Lord Chief Justice or the Lord Chancellor in exercising those functions or before exercising them. (3) Where regulations under section 115(a) impose any requirement on the office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint)— (a) as may be prescribed by the regulations, or (b) as may be determined by the Lord Chief Justice and the Lord Chancellor or either of them in accordance with provisions so prescribed. (4) Regulations under section 115 may— (a) provide for any prescribed requirement not to apply if the Lord Chief Justice and the Lord Chancellor so agree; (b) make different provision for different purposes. (5) Nothing in this section limits the generality of section 115.
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