Regulation 12 Amendments to the Judicial Discipline (Prescribed Procedures) Regulations 2006I1

For regulation 22 (functions of investigating judge), substitute—

“Functions of investigating judge

22.

(1)

The investigating judge must advise the Lord Chancellor and the Lord Chief Justice—

(a)

as to the facts of a case;

(b)

whether the case is substantiated or not;

(c)

whether disciplinary action should be taken; and if so what disciplinary action should be taken; and

(d)

as to any other matters in the terms of reference.

(2)

Where it falls to the investigating judge to establish any fact, any question as to whether that fact is established must be decided on the balance of probabilities.”.