100 Complaints to the Commission or the Lord Chancellor
(1) The Commission must make arrangements for investigating any Commission complaint made to it.
(2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.
(2A) The Lord Chief Justice must make arrangements for investigating any LCJ complaint made to the Lord Chief Justice.
(2B) The Senior President of Tribunals must make arrangements for investigating any SPT complaint made to the Senior President of Tribunals.
(3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.
(1) Subsections (2) and (3) apply to a complaint which the complainant—
(a) has made to the Commission , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals in accordance with arrangements under section 100, and
(b) makes to the Ombudsman not more than 28 days after being notified of the decision of the Commission, the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals on the complaint.
(2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.
(3) Otherwise he must investigate the complaint.
(4) The Ombudsman may investigate a complaint which the complainant—
(a) has made to the Commission , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals in accordance with arrangements under section 100, and
(b) makes to the Ombudsman at any time.
(5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.
(6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.
(7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of appointment procedures before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.
(8) Any complaint to the Ombudsman under this section must be in a form approved by him.
(1) The Ombudsman must prepare a report on any complaint he has investigated under section 101.
(2) The report must state—
(a) what findings the Ombudsman has made;
(b) whether he considers the complaint should be upheld in whole or part;
(c) if he does, what if any action he recommends should be taken by the Commission , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals as a result of the complaint.
(3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.
(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office , or selected for membership of a pool, to which the complaint related.
(1) This section applies to a report under section 102.
(2) The Ombudsman must submit a draft of the report to the Lord Chancellor and to—
(a) the Commission if the complaint was a Commission complaint;
(b) the Lord Chief Justice if the complaint was an LCJ complaint;
(c) the Senior President of Tribunals if the complaint was an SPT complaint.
(3) In finalising the report the Ombudsman—
(a) must have regard to any proposal by the Lord Chancellor the Commission, the Lord Chief Justice or the Senior President of Tribunals for changes in the draft report;
(b) must include in the report a statement of any such proposal not given effect to.
(4) The report must be signed by the Ombudsman.
(5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.
(5A) If the complaint was an LCJ complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Lord Chief Justice.
(5B) If the complaint was an SPT complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Senior President of Tribunals.
(6) Otherwise the Ombudsman must send the report to the Lord Chancellor.
(7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—
(a) which relates to an identified or identifiable individual other than the complainant, and
(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 139.
(1) If the Lord Chancellor , the Lord Chief Justice or the Senior President of Tribunals refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.
(2) The matter may relate to such procedures generally or in a particular case.
(3) The Ombudsman must report to the Lord Chancellor , the Lord Chief Justice and the Senior President of Tribunals on any investigation under this section.
(4) The report must state—
(a) what findings the Ombudsman has made;
(b) what if any action he recommends should be taken by any person in relation to the matter.
(5) The report must be signed by the Ombudsman.
The Commission , the Lord Chief Justice, the Senior President of Tribunals and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of any investigation by him under section 101 or 104.
In section 10 of the Courts Act 2003 (c. 39) (appointment of lay justices etc.) after subsection (2) insert—
(2A) The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsections (1) and (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.
(1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under this Part.
(2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3) But nothing in this section authorises the making of a disclosure—
(a) which contravenes the data protection legislation, or
(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .
(4) This section does not affect a power to disclose which exists apart from this section.
(5) The following are permitted persons—
(a) a chief officer of police of a police force in England and Wales;
(b) the chief constable of the Police Service of Scotland;
(c) the Chief Constable of the Police Service of Northern Ireland;
(d) the Director General of the National Criminal Intelligence Service;
(e) the Director General of the National Crime Squad;
(f) the Commissioners of Inland Revenue;
(g) the Commissioners of Customs and Excise.
(6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—
(a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,
(b) in the case of the Commissioners of Customs and Excise, to a customs officer.
(9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).
(10) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(1) Any power of the Lord Chancellor to remove a person from an office listed in Schedule 14 is exercisable only after the Lord Chancellor has complied with prescribed procedures (as well as any other requirements to which the power is subject).
(2) The Lord Chief Justice may exercise any of the following powers but only with the agreement of the Lord Chancellor and only after complying with prescribed procedures.
(3) The Lord Chief Justice may give a judicial office holder formal advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular office holder).
(4) He may suspend a person from a judicial office for any period during which any of the following applies—
(a) the person is subject to criminal proceedings;
(b) the person is serving a sentence imposed in criminal proceedings;
(c) the person has been convicted of an offence and is subject to prescribed procedures in relation to the conduct constituting the offence.
(5) He may suspend a person from a judicial office for any period if—
(a) the person has been convicted of a criminal offence,
(b) it has been determined under prescribed procedures that the person should not be removed from office, and
(c) it appears to the Lord Chief Justice with the agreement of the Lord Chancellor that the suspension is necessary for maintaining confidence in the judiciary.
(6) He may suspend a person from office as a senior judge for any period during which the person is subject to proceedings for an Address.
(7) He may suspend the holder of an office listed in Schedule 14 for any period during which the person—
(a) is under investigation for an offence, or
(b) is subject to prescribed procedures.
(8) While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).
(1) This section has effect for the purposes of section 108.
(2) A person is subject to criminal proceedings if in any part of the United Kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed.
(3) A person is subject to proceedings for an Address from the time when notice of a motion is given in each House of Parliament for an Address for the removal of the person from office, until the earliest of the following events—
(a) either notice is withdrawn;
(b) either motion is amended so that it is no longer a motion for an address for removal of the person from office;
(c) either motion is withdrawn, lapses or is disagreed to;
(d) where an Address is presented by each House, a message is brought to each House from Her Majesty in answer to the Address.
(4) “Judicial office” means—
(a) office as a senior judge, or
(b) an office listed in Schedule 14;
and “judicial office holder” means the holder of a judicial office.
(5) “Senior judge” means any of these—
(a) Master of the Rolls;
(b) President of the Queen's Bench Division;
(c) President of the Family Division;
(d) President of the Business and Property Division;
(da) Senior President of Tribunals;
(db) President of Welsh Tribunals;
(e) Lord Justice of Appeal;
(f) puisne judge of the High Court.
(6) “Sentence” includes any sentence other than a fine (and “serving” is to be read accordingly).
(7) The times when a person becomes and ceases to be subject to prescribed procedures for the purposes of section 108(4) or (7) are such as may be prescribed.
(8) “Under investigation for an offence” has such meaning as may be prescribed.
(1) This section applies if an interested party makes an application to the Ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been—
(a) a failure to comply with prescribed procedures, or
(b) some other maladministration.
(2) The Ombudsman must carry out a review if the following three conditions are met.
(3) The first condition is that the Ombudsman considers that a review is necessary.
(4) The second condition is that—
(a) the application is made within the permitted period,
(b) the application is made within such longer period as the Ombudsman considers appropriate in the circumstances, or
(c) the application is made on grounds alleging undue delay and the Ombudsman considers that the application has been made within a reasonable time.
(5) The third condition is that the application is made in a form approved by the Ombudsman.
(6) But the Ombudsman may not review the merits of a decision made by any person.
(7) If any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the Ombudsman—
(a) may not carry out a review, and
(b) must inform the applicant accordingly.
(8) In this section and sections 111 to 113, “regulated disciplinary function” means any of the following—
(a) any function of the Lord Chancellor that falls within section 108(1);
(b) any function conferred on the Lord Chief Justice by section 108(3) to (7);
(c) any function exercised under prescribed procedures in connection with a function falling within paragraph (a) or (b).
(9) In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function—
“interested party” means—
the judicial office holder in relation to whose conduct the function is exercised, or
any person who has made a complaint about that conduct in accordance with prescribed procedures;
“permitted period” means the period of 28 days beginning with the latest of—
the failure or other maladministration alleged by the applicant;
where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation;
where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination.
(10) References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.
(1) Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—
(a) on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;
(b) decide what if any action to take under subsections (2) to (7).
(2) If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.
(3) A recommendation under subsection (2) may be for the payment of compensation.
(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.
(5) If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.
(6) If a determination is set aside under subsection (5)—
(a) the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and
(b) for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.
(7) Subsection (6) is subject to any direction given by the Ombudsman under this subsection—
(a) for a previous investigation or review to be taken into account to any extent, or
(b) for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.
(8) This section is subject to section 112.
(1) In this section references to the Ombudsman's response to an application are references to the findings and decisions referred to in section 111(1).
(2) Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.
(3) The draft report must state the Ombudsman's proposed response.
(4) The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.
(5) If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.
(6) The Ombudsman must produce a final report that sets out—
(a) the Ombudsman's response to the application, including any changes made to it to give effect to a proposal under subsection (5);
(b) a statement of any proposal under subsection (5) that is not given effect to.
(7) The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.
(8) The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—
(a) which relates to an identified or identifiable individual other than the applicant, and
(b) whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 139.
(9) Each copy must be signed by the Ombudsman.
(10) No part of the Ombudsman's response to an application has effect until he has complied with subsections (2) to (9).
113 References to the Ombudsman relating to conduct
(1) The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.
(2) A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.
(1) Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.
(2) If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.
(3) The draft report must state the Ombudsman's proposals as to—
(a) the findings he will make;
(b) any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.
(4) Those findings and recommendations are referred to in this section as the Ombudsman's response on the investigation.
(5) The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.
(6) If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.
(7) The Ombudsman must produce a final report that sets out—
(a) the Ombudsman's response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);
(b) a statement of any proposal under subsection (6) that is not given effect to.
(8) The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.
(9) Each copy must be signed by the Ombudsman.
The Lord Chief Justice may, with the agreement of the Lord Chancellor, make regulations providing for the procedures that are to be followed in—
(a) the investigation and determination of allegations by any person of misconduct by judicial office holders;
(b) reviews and investigations (including the making of applications or references) under sections 110 to 112.
(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.
(1) Regulations under section 115 may provide for provision of a prescribed description that may be included in the regulations to be made instead by rules made by the Lord Chief Justice with the agreement of the Lord Chancellor.
(2) But the provision that may be made by rules does not include—
(a) provision within section 116(2);
(b) provision made for the purposes of section 108(7) or (8) or 116(3).
(3) The rules are to be published in such manner as the Lord Chief Justice may determine with the agreement of the Lord Chancellor.
118 Extension of discipline provisions to other offices
(1) This Chapter applies in relation to an office designated by the Lord Chancellor under this section as it would apply if the office were listed in Schedule 14.
(2) The Lord Chancellor may by order designate any office, not listed in Schedule 14, the holder of which he has power to remove from office.
(3) An order under this section may be made only with the agreement of the Lord Chief Justice.
(1) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4)) to exercise any of his functions under the relevant sections.
(2) The relevant sections are—
(a) section 108(3) to (7);
(b) section 111(2);
(c) section 112;
(d) section 116(3)(b).
(1) In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Scotland, references to the Lord Chief Justice are to be read as references to the Lord President of the Court of Session.
(2) Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Scotland unless they are made with the agreement of the Lord President of the Court of Session.
(3) In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord President of the Court of Session.
(4) In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord President of the Court of Session.
(5) The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Scotland—
(a) as if in section 110(8)(b) the reference to the Lord Chief Justice were a reference to the Lord President of the Court of Session, and
(b) with any other modifications specified in the regulations.
(6) Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord President of the Court of Session.
(7) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under the relevant sections.
(8) The relevant sections are—
(a) section 108(3) to (7);
(b) section 111(2);
(c) section 112;
(d) section 116(3)(b).
(1) In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to be read as references to the Lord Chief Justice of Northern Ireland.
(2) Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, unless they are made with the agreement of the Lord Chief Justice of Northern Ireland.
(3) In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord Chief Justice of Northern Ireland.
(4) In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Northern Ireland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord Chief Justice of Northern Ireland.
(5) The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Northern Ireland—
(a) as if in section 110(8)(b) the reference to the Lord Chief Justice were a reference to the Lord Chief Justice of Northern Ireland, and
(b) with any other modifications specified in the regulations.
(6) Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord Chief Justice of Northern Ireland.
(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the relevant sections—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).
(8) The relevant sections are—
(a) section 108(3) to (7);
(b) section 111(2);
(c) section 112;
(d) section 116(3)(b).
In this Part—
“appoint” includes nominate or designate (and “appointment” is to be read accordingly);
the “Commission” means the Judicial Appointments Commission;
“Head of Division” means any of these—
the Master of the Rolls;
the President of the Queen's Bench Division;
the President of the Family Division;
the President of the Business and Property Division;
“High Court” means the High Court in England and Wales;
“high judicial office” has the meaning given by section 60;
“lay member”, in relation to the Commission, has such meaning as may be given by regulations under paragraph 3C(a) of Schedule 12;
“Lord Chief Justice”, unless otherwise stated, means the Lord Chief Justice of England and Wales;
“Lord Justice of Appeal” means a Lord Justice of Appeal in England and Wales;
“office” includes a position of any description;
the “Ombudsman” means the Judicial Appointments and Conduct Ombudsman;
“prescribed” means prescribed by regulations under section 115 or, subject to section 117(2), by rules under section 117;
“vacancy” in relation to an office to which one of sections 68, 77 and 86 applies, means a vacancy arising on a holder of the office vacating it at any time after the commencement of that section.
123 Disclosure of information to the Northern Ireland Judicial Appointments Commission
(1) The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as follows.
(2) After section 5 of the 2002 Act insert—
Disclosure of information to the Commission
5A (1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under section 5.
(2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3) But nothing in this section authorises the making of a disclosure—
(a) which contravenes the Data Protection Act 1998, or
(b) which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.
(4) This section does not affect a power to disclose which exists apart from this section.
(5) The following are permitted persons—
(a) a chief officer of police of a police force in England and Wales;
(b) a chief constable of a police force in Scotland;
(c) the Chief Constable of the Police Service of Northern Ireland;
(d) the Director General of the National Criminal Intelligence Service;
(e) the Director General of the National Crime Squad;
(f) the Commissioners of Inland Revenue;
(g) the Commissioners of Customs and Excise.
(6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—
(a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,
(b) in the case of the Commissioners of Customs and Excise, to a customs officer.
(9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.
(1) The italic cross-heading before section 9 of the 2002 Act is omitted.
(2) After that section insert—
The Ombudsman
Judicial Appointments Ombudsman
9A (1) There is to be a Northern Ireland Judicial Appointments Ombudsman.
(2) The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.
(3) Schedule 3A makes further provision about the Ombudsman.
(3) Schedule 15 inserts Schedule 3A to the 2002 Act.
After section 9A of the 2002 Act insert—
Complaints: interpretation
9B (1) This section applies for the purposes of this Part.
(2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.
(3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or the Northern Ireland Court Service in connection with any of the following—
(a) recommendation for or appointment to a listed judicial office;
(b) appointment under section 2 of the Taxes Management Act 1970 as a Commissioner for the general purposes of the income tax for Northern Ireland.
(4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.
126 Complaints to the Commission or the Lord Chancellor
After section 9B of the 2002 Act insert—
Complaints to the Commission or the Lord Chancellor
9C (1) The Commission must make arrangements for investigating any Commission complaint made to it.
(2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.
(3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.
After section 9C of the 2002 Act insert—
Complaints to the Ombudsman
9D (1) Subsections (2) and (3) apply to a complaint which the complainant—
(a) has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and
(b) makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint.
(2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.
(3) Otherwise he must investigate the complaint.
(4) The Ombudsman may investigate a complaint which the complainant—
(a) has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and
(b) makes to the Ombudsman at any time.
(5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.
(6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.
(7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.
(8) Any complaint to the Ombudsman under this section must be in a form approved by him.
After section 9D of the 2002 Act insert—
Report and recommendations
9E (1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D.
(2) The report must state—
(a) what findings the Ombudsman has made;
(b) whether he considers the complaint should be upheld in whole or part;
(c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.
(3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.
(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.
After section 9E of the 2002 Act insert—
Report procedure
9F (1) This section applies to a report under section 9E.
(2) The Ombudsman must submit a draft of the report—
(a) to the Lord Chancellor, and
(b) if the complaint was a Commission complaint, to the Commission.
(3) In finalising the report the Ombudsman—
(a) must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report;
(b) must include in the report a statement of any such proposal not given effect to.
(4) The report must be signed by the Ombudsman.
(5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.
(6) Otherwise the Ombudsman must send the report to the Lord Chancellor.
(7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—
(a) which relates to an identified or identifiable individual other than the complainant, and
(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.
After section 9F of the 2002 Act insert—
References by the Lord Chancellor
9G (1) If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.
(2) The matter may relate to such procedures generally or in a particular case.
(3) The Ombudsman must report to the Lord Chancellor on any investigation under this section.
(4) The report must state—
(a) what findings the Ombudsman has made;
(b) what if any action he recommends should be taken by any person in relation to the matter.
(5) The report must be signed by the Ombudsman.
After section 9G of the 2002 Act insert—
Information
9H The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D or 9G.
132 Confidentiality in relation to judicial appointments and discipline
After section 9H of the 2002 Act insert—
Confidentiality in relation to judicial appointments and discipline
9I (1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
(2) These are the relevant provisions—
(a) section 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);
(b) sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);
(c) sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);
(d) section 16 of this Act (complaints about judicial officers);
(3) Information is confidential if it relates to an identified or identifiable individual (a “subject”).
(4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
(a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
(b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;
(c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
(5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—
(a) is information that relates to both;
(b) must not be disclosed to B without A's consent.
(6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
(7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
(8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
(9) But it is actionable only at the suit of a person who is a subject of the information.
Transfer of functions of justices of the peace
(1) In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”
(2) In Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”
(3) A member of the House of Lords is, while he holds any disqualifying judicial office, disqualified for sitting or voting in—
(a) the House of Lords,
(b) a committee of that House, or
(c) a joint committee of both Houses.
(4) In subsection (3) “disqualifying judicial office” means any of the judicial offices specified in—
(a) Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975, or
(b) Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
(5) A member of the House of Lords who is disqualified under subsection (3) is not for that reason disqualified for receiving a writ of summons to attend that House, but any such writ is subject to that subsection.
Each of the Lord Chancellor and the Lord Chief Justice of England and Wales must take such steps as that office-holder considers appropriate for the purpose of encouraging judicial diversity.
(1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
(2) These are the relevant provisions—
(a) sections 26 and 27 and regulations under section 27A;
(b) Part 4;
(c) regulations and rules under Part 4.
(3) Information is confidential if it relates to an identified or identifiable individual (a “subject”).
(4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
(a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
(b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;
(c) the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;
(d) the disclosure is for (and is necessary for) the exercise of powers to which section 108 applies, or a decision whether to exercise them;
(e) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
(5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—
(a) is information that relates to both;
(b) must not be disclosed to B without A's consent.
(6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
(7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
(8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
(9) But it is actionable only at the suit of a person who is a subject of the information.
(1) In this Act “enactment” includes—
(a) an enactment contained in this Act;
(b) an enactment contained in a local, personal or private Act;
(c) except in sections 19 and 143, an enactment contained in subordinate legislation;
and any reference to an enactment includes a reference to an enactment whenever passed or made.
(2) In section 22 “enactment” also includes an enactment contained in, or in an instrument made under, Northern Ireland legislation.
(3) In Part 3 “enactment” also includes—
(a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
(b) an enactment contained in, or in an instrument made under, Northern Ireland legislation.
(4) In sections 19, 21 and 143 and in paragraph 3 of Schedule 7 “enactment” also includes—
(a) an enactment contained in Northern Ireland legislation;
(b) an enactment contained in a Measure of the Church Assembly or of the General Synod of the Church of England.
(1) In this Act “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(2) In sections 19 and 143 “subordinate legislation” also includes an enactment contained in an instrument made under Northern Ireland legislation.