OpenLegislation

Regulation 2 Interpretation

Original text. Later amendments are not shown.

(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 1971f1;

  • “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—

    1. (a)

      the exercise by the Lord Chancellor of any of the Lord Chancellor’s powers to remove a person from office;

    2. (b)

      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 Actf2; or

    3. (c)

      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.

Annotations

Footnotes

f1

1971 c. 80.

f2

Section 108 was extended by the Coroners and Justice Act 2009, Schedule 3, paragraph 14.