OpenLegislation

Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations—

  • “the Act” means the Constitutional Reform Act 2005;

  • “advisory committee” means one of the Lord Chancellor’s advisory committees on the appointment of justices of the peace;

  • “business day” means any day except Saturday, Sunday or a bank holiday, and “bank holiday” includes Christmas Day and Good Friday;

  • “case” means a complaint made under regulations 8, 9 or 10 or a referral made under regulation 13;

  • “complaint” means a complaint containing an allegation of misconduct by a judicial office holder;

  • “disciplinary action” means the exercise by the Lord Chancellor of his power to remove a person from an office listed in Schedule 14 to the Act; the exercise by the Lord Chief Justice of his powers under section 108(3), (4)(b) and (c) and (5) of the Act; or a decision to move an Address for the removal of a senior judge by both Houses of Parliament;

  • “judicial office holder” means a senior judge, a holder of an office listed in Schedule 14 to the Act, or the holder of an office which has been designated by an order under section 118 of the Actf1;

  • “justice of the peace” means a justice of the peace who is not a District Judge (Magistrates' Courts);

  • “President” in relation to a tribunal means a President or other judicial office holder with disciplinary responsibility for tribunal members and includes any judicial office holder designated to exercise such disciplinary responsibility under rules made under regulation 10;

  • “the subject of the disciplinary proceedings” means the judicial office holder whose conduct is being considered in accordance with these regulations.

(2)

In these regulations, a reference to the Lord Chief Justice is to be read—

(a)

in relation to a judicial 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 a judicial 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.

Annotations

Footnotes

f1

Schedule 14 to the Constitutional Reform Act 2005 has been amended to add certain offices by S.I. 2006/678 and is applied to coroners by S.I. 2006/677.