The Judicial Discipline (Prescribed Procedures) Regulations 2023
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Change 1
2 Interpretation
(1) In these Regulations— “the Act” means the Constitutional Reform Act 2005; “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; “case” means a complaint or issue of misconduct being considered under these Regulations; “complaint” means a complaint made in accordance with rules made under regulation 7 and containing an allegation of misconduct by a person holding an office; “conduct advisory committee” means one of the Lord Chancellor’s conduct advisory committees on justices of the peace; “deputy secretary” means a deputy secretary of a conduct advisory committee; “disciplinary panel” has the meaning given by regulation 11; “disciplinary sanction” means any of the following actions taken in relation to misconduct— the exercise by the Lord Chancellor of any of the Lord Chancellor’s powers to remove a person from office; 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; or a decision that the Lord Chancellor will move an Address for the removal of a senior judge by both Houses of Parliament; “investigating judge” has the meaning given by regulation 10; “JCIO” means the Judicial Conduct Investigations Office, as defined in regulation 4(2); “justice of the peace” means a justice of the peace who is not a District Judge (Magistrates’ Courts); “nominated committee member” has the meaning given by regulation 9; “nominated judge” has the meaning given by regulation 8; “office” means an office listed in regulation 3(2); “office holder concerned” means an office holder whose conduct is being considered in accordance with these Regulations; “secretary” means a secretary of a conduct advisory committee; “senior coroner” means a person appointed as such under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009; “working 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. (2) In these Regulations, unless the contrary intention appears, a reference to the Lord Chief Justice must 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.
2 Interpretation
(1) In these Regulations— “the Act” means the Constitutional Reform Act 2005; “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; “case” means a complaint or issue of misconduct being considered under these Regulations; “complaint” means a complaint made in accordance with rules made under regulation 7 and containing an allegation of misconduct by a person holding an office; “conduct advisory committee” means one of the Lord Chancellor’s conduct advisory committees on justices of the peace; “deputy secretary” means a deputy secretary of a conduct advisory committee; “disciplinary panel” has the meaning given by regulation 11; “disciplinary sanction” means any of the following actions taken in relation to misconduct— the exercise by the Lord Chancellor of any of the Lord Chancellor’s powers to remove a person from office; 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; or a decision that the Lord Chancellor will move an Address for the removal of a senior judge by both Houses of Parliament; “investigating judge” has the meaning given by regulation 10; “JCIO” means the Judicial Conduct Investigations Office, as defined in regulation 4(2); “justice of the peace” means a justice of the peace who is not a District Judge (Magistrates’ Courts); “nominated committee member” has the meaning given by regulation 9; “nominated judge” has the meaning given by regulation 8; “office” means an office listed in regulation 3(2); “office holder concerned” means an office holder whose conduct is being considered in accordance with these Regulations; “secretary” means a secretary of a conduct advisory committee; “senior coroner” means a person appointed as such under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009; “working 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. (2) In these Regulations, unless the contrary intention appears, a reference to the Lord Chief Justice must 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.
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