Legalize / United Kingdom / Public General Act

Constitutional Reform Act 2005

Type Public General Act

Publication 2005-03-24

Last updated 2026-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

(1) Section 75B applies where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).

(2) That section is subject to section 95 (withdrawal and modification of requests).

Selection process

75B

(1) On receiving a request the Commission must appoint a selection panel.

(1A) The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

(1C) The members of the panel may not include the Senior President of Tribunals.

(2) The panel must —

(a) determine the selection process to be applied by it,

(b) apply the selection process, and

(3) As part of the selection process the panel must consult—

(a) the Lord Chief Justice, if not a member of the panel,

(b) the Lord President of the Court of Session, if not a member of the panel, and

(4) One person only must be selected for the recommendation to which a request relates.

(5) Subsection (4) applies to selection under this section and to selection under regulations under section 94C.

(6) A selection panel is a committee of the Commission.

Selection panel

75C

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Report

75D

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The Lord Chancellor's options

75E

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Exercise of powers to reject or require reconsideration

75F

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Selection following rejection or requirement to reconsider

75G

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Lords Justices of Appeal

Selection of Lords Justices of Appeal

76

(1) Sections 77 to 79 apply to a recommendation for appointment as a Lord Justice of Appeal.

(2) Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.

Duty to fill vacancies

77

(1) The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal.

(2) Subsection (1) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

Request for selection

78

(1) The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation for appointment as a Lord Justice of Appeal.

(2) Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3) A request may relate to more than one recommendation.

(4) Section 79 applies where the Lord Chancellor makes a request under this section.

(5) That section is subject to section 95 (withdrawal and modification of requests).

Selection process

79

(1) On receiving a request the Commission must appoint a selection panel.

(1A) The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

(2) The panel must—

(a) determine the selection process to be applied by it,

(b) apply the selection process, and

(3) One person only must be selected for each recommendation to which a request relates.

(4) Subsection (3) applies to selection under this section and to selection under regulations under section 94C.

(5) A selection panel is a committee of the Commission.

Selection panel

80

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Report

81

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The Lord Chancellor's options

82

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Exercise of powers to reject or require reconsideration

83

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Selection following rejection or requirement to reconsider

84

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Puisne judges and other office holders

Selection of puisne judges and other office holders

85

(1) Sections 86 to 88 apply to—

(a) a recommendation for an appointment to the office of puisne judge of the High Court;

(b) a recommendation for an appointment to an office listed in Part 1 of Schedule 14 in exercise of Her Majesty's function under the enactment listed opposite that office;

(c) an appointment to an office listed in Table 1 of Part 2 or 3 of that Schedule in exercise of the Lord Chancellor's function under the enactment listed opposite that office.

(d) an appointment to an office listed in Table 2 of Part 2 of that Schedule in exercise of the Lord Chief Justice's function under the enactment listed opposite that office;

(e) an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise of the function of the Senior President of Tribunals under the enactment listed opposite that office.

(2) Any such recommendation or appointment must be made in accordance with those sections and section 94C and regulations made under it.

(2A) This section is subject to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 91(1ZB) of the Supreme Court Act 1981,

(d) section 94AA below.

(3) The Lord Chancellor may by order make any of the following amendments to Schedule 14—

(a) an amendment which adds a reference to an enactment under which appointments are made to an office;

(b) an amendment which adds a reference to an office to which appointments are made under an enactment;

(d) an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office.

(4) The Lord Chancellor may by order amend section ... 94AA ... if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3).

(5) The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order.

(6) An office may not be specified in an order under subsection (5) if—

(a) the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies the single condition specified in the provisions, and

(b) that condition is one of the conditions listed in subsection (8).

(7) An office may not be specified in an order under subsection (5) if—

(a) the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies one or some other particular number or all, or at least one or at least some other particular number, of several conditions specified in the provisions, and

(b) at least one of the conditions specified in the provisions is listed in subsection (8).

(8) The conditions are—

(a) that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number);

(b) that the person is a solicitor in Scotland of at least a particular number of years' standing;

(d) that the person is a solicitor in Northern Ireland of at least a particular number of years' standing;

(e) that the person is a barrister in Northern Ireland of at least a particular number of years' standing.

(9) Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

(10) An order under subsection (5)—

(a) may make different provision for different purposes;

(b) may make consequential, transitory, transitional or saving provision.

Duty to fill vacancies

86

(1) The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14.

(1A) The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Lord Chief Justice that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 2 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.

(1B) The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Senior President of Tribunals that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 3 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.

(2) The Lord Chancellor must make an appointment to fill any vacancy in an office listed in Table 1 of Part 2 or 3 of that Schedule.

(2A) The Lord Chief Justice must make an appointment to fill any vacancy in an office listed in Table 2 of Part 2 of that Schedule.

(2B) The Senior President of Tribunals must make an appointment to fill any vacancy in an office listed in Table 2 of Part 3 of that Schedule.

(3) Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

(4) Subsections (2A) and (2B) do not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.

Request for selection

87

(1) The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies.

(1A) The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, and a person may become a member of such a pool only by selection on a request under this subsection.

(2) Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3) A request may relate to more than one recommendation or appointment.

(4) Section 88 applies where the Lord Chancellor makes a request under this section.

(5) That section is subject to section 95 (withdrawal and modification of requests).

Selection process

88

(1) On receiving a request the Commission must—

(a) determine the selection process to be applied,

(b) apply the selection process, and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) One person only may be selected for each recommendation , appointment or pool membership to which a request relates.

(5) Subsection (4) applies to selection under this section and to selection under regulations under section 94C.

Report

89

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The Lord Chancellor's options

90

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Exercise of powers to reject or require reconsideration

91

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Selection following rejection or requirement to reconsider

92

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Reconsideration of decision not to select

93

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Power to require persons to be identified for future requests

94

(1) If the Lord Chancellor gives the Commission notice of a request which the Lord Chancellor expects to make under section 87, the Commission must seek to identify persons it considers would be suitable for selection on the request.

(2) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about how the Commission is to comply with a duty imposed on it by subsection (1).

(3) The regulations may in particular—

(a) make provision as to things that are, or as to things that are not, to be done—

(i) in complying with such a duty, or

(ii) in determining how to comply with such a duty;

(b) provide for the making of reports.

(4) Regulations under this section—

(a) may make different provision for different purposes;

(b) may make consequential, supplementary, transitory, transitional or saving provision.

Appointments not subject to section 85: courts

94A

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Appointments not subject to section 85: High Court deputy judge

94AA

(1) Where this section applies to an appointment, section 85 does not apply.

(2) This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that—

(a) there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court or any other court or tribunal to which a deputy judge of the High Court may be deployed,

(b) it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and

(c) there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business.

(3) An appointment to which this section applies is to be made—

(a) so as not to extend beyond the day on which the particular business concerned is concluded, or

(b) so as not to extend beyond the later of—

(i) the day on which the business is concluded, or

(ii) the day expected when the appointment is made to be the day on which the business is concluded.

Appointments not subject to section 85: tribunals

94B

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Supplementary provisions about selection

Selection process

94C

(1) The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice—

(a) make further provision about the process to be applied in a case where the Commission receives a request under section 87;

(b) make further provision about—

(i) membership of selection panels appointed under section 70, 75B or 79, and

(ii) the process that is to be applied in a case where a selection panel is required to be appointed under section 70, 75B or 79;

(c) secure, subject to section 95 and any provision within subsection (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the appropriate authority.

(2) The regulations may in particular—

(a) provide for process additional to the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), including post-acceptance process;

(b) make provision as to things that are, or as to things that are not, to be done—

(i) as part of the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), or

(ii) in determining what that process is to be;

(c) provide for selection on a request under section 87 to be from among persons identified under section 94 in response to advance notice of the request;

(d) provide for section 88(1)(c) not to apply where, or to the extent that, the Commission decides that the selection process applied under section 88(1) has not identified candidates of sufficient merit for it to comply with section 88(1)(c);

(e) give functions to the Lord Chancellor, including—

(i) power to require a selection panel to reconsider a selection under section 70(2), 75B(2) or 79(2) or any subsequent selection,

(ii) power to reject a selection under section 70(2) or any subsequent selection,

(iii) power to reject a selection under section 75B(2) or 79(2) or any subsequent selection,

(iv) power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and

(v) power to require the reconsideration of a decision mentioned in paragraph (d);

(f) give functions to the Lord Chief Justice in connection with selection for an office listed in Table 2 of Part 1 or 2 of Schedule 14 or in connection with selection for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, including—

(i) power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and

(ii) power to require the reconsideration of a decision mentioned in paragraph (d);

(g) give functions to the Senior President of Tribunals in connection with selection for an office listed in Table 3 of Part 1, or Table 2 of Part 3, of Schedule 14, including—

(i) power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and

(ii) power to require the reconsideration of a decision mentioned in paragraph (d);

(h) make provision for or in connection with duties mentioned in section 51 of the Equality Act 2010 being duties of the Lord Chief Justice, or Senior President of Tribunals, in relation to an office within Table 2 or 3 of Part 1 of Schedule 14;

(i) provide for particular action to be taken by the Commission or a selection panel after the panel has complied with section 70, 75B or 79;

(j) provide for particular action to be taken by the Commission after a selection has been made on a request under section 87;

(k) provide for the dissolution of a selection panel appointed under section 70, 75B or 79;

(l) provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—

(i) as a member of such a panel (including functions of chairing such a panel), or

(ii) in relation to the nomination or appointment of members of such a panel;

(m) provide for a person to cease to be a member of such a panel where the person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;

(n) provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;

(o) make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected;

(p) provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions given to the Lord Chief Justice by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (f));

(q) make provision prohibiting or restricting delegation by the Senior President of Tribunals of functions given to the Senior President of Tribunals by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (g));

(r) make provision as to the meaning of “non-legally-qualified” and “judicial member” in sections 70, 75B and 79.

(3) Regulations under this section—

(a) may make different provision for different purposes;

(b) may make transitory, transitional or saving provision.

(4) In subsection (1)(c) “the appropriate authority” means—

(a) the Lord Chancellor where the selection—

(i) is on a request under section 69 or 78,

(ii) relates to the office of Senior President of Tribunals or puisne judge of the High Court, or

(iii) relates to an office listed in Table 1 of Part 1, 2 or 3 of Schedule 14;

(b) the Lord Chief Justice where the selection relates to an office listed in Table 2 of Part 1 or 2 of that Schedule;

(c) the Senior President of Tribunals where the selection relates to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of that Schedule.

(5) This section is subject to section 95.

Withdrawal and modification of requests

95

(1) This section applies to a request under section 69, 78 or 87 or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.

(2) The Lord Chancellor may withdraw or modify a request only as follows—

(za) the Lord Chancellor may withdraw or modify a request in consequence of a vacancy, or perceived need for an additional office-holder, having been filled or partly filled by change in the amount of time required to be devoted to the duties of office by an existing holder of the office concerned;

(a) so far as a request relates to any recommendation or appointment to fill a vacancy, he may withdraw or modify it with the agreement of the Lord Chief Justice;

(b) so far as a request relates to any recommendation or appointment otherwise than to fill a vacancy, he may withdraw or modify it after consulting the Lord Chief Justice;

(ba) so far as a request relates to any pool membership, the Lord Chancellor may withdraw or modify it after consulting the Lord Chief Justice;

(c) the Lord Chancellor may withdraw a request as respects all recommendations , appointments or pool memberships to which it relates if, after consulting the Lord Chief Justice, the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

(3) If a request is withdrawn in part or modified, the Commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted unconditionally or subject only to matters such as the selected person's willingness and availability.

(4) The Lord Chancellor may not withdraw a request under subsection (2)(c) if a selection made pursuant to the request—

(a) has been accepted unconditionally or subject only to matters such as the selected person's willingness and availability, or

(b) in exercise of power conferred by regulations under section 94C, has been rejected or required to be reconsidered.

(5) Any withdrawal or modification of a request must be by notice in writing to the Commission.

(6) The notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c).

(7) In the case of a withdrawal under subsection (2)(c), the notice must state why the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

(8) If or to the extent that a request is withdrawn—

(a) the preceding provisions of this Part cease to apply in relation to it, and

(b) any selection made on it is to be disregarded.

(9) Withdrawal of a request to any extent does not affect the power of the Lord Chancellor to make another request in the same or different terms.

Effect of acceptance of selection

96

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Scotland and Northern Ireland

97

(1) Subsections (2) and (3) apply to consultation that a person is required to undertake under any of these provisions—

(a) section 87(2);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 95(2)(b) or (c),

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.

(3) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland.

(4) Subsections (2) and (3) apply to the reference in section ... 95(2)(a) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance in connection with other appointments

98

(1) The Commission must provide any assistance requested by the Lord Chancellor under this section.

(2) The Lord Chancellor may request assistance for the making by him or by another Minister of the Crown of an appointment or recommendation for appointment, other than one to which section 26 or a provision of this Part applies.

(3) The Lord Chancellor may only request assistance under this section if it appears to him appropriate because of the Commission's other functions under this Part and the nature of the appointment concerned.

(4) Without limiting the assistance that may be requested, it may include—

(a) determining a selection process;

(b) applying a selection process;

(d) selecting a short list;

(e) advice on any of those matters.

(5) Before making a request the Lord Chancellor must consult—

(a) the Lord Chief Justice, and

(b) the Commission.

(6) In this section “appointment” includes the conferring of any public function.

(7) In this Part references to selection under this Part include references to selection by the Commission pursuant to a request under this section (and references to a person selected under this Part are to be read accordingly).

Complaints and references

Complaints: interpretation

99

(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 his department in connection with any of the following—

(a) selection under this Part;

(b) recommendation for or appointment to an office listed in Schedule 14.

(3A) An LCJ complaint is a complaint by a qualifying complainant of maladministration by the Lord Chief Justice or the Lord Chief Justice's nominee, or anyone acting on behalf of either of them, in connection with—

(a) selection under this Part for an office listed in Table 2 of Part 1 or 2 of Schedule 14,

(b) appointment to an office listed in Table 2 of Part 2 of that Schedule, or

or of maladministration by the Lord Chief Justice or the Master of the Rolls or the Lord Chief Justice's nominee, or anyone acting on behalf of any of them, in connection with the making of requests under section 9(1) of that Act.

(3B) An SPT complaint is a complaint by a qualifying complainant of maladministration by the Senior President of Tribunals or a person to whom the Senior President has delegated functions, or anyone acting on behalf of either of them, in connection with—

(a) selection under this Part for an office listed in Table 3 of Part 1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or

(b) appointment to an office listed in Table 2 of Part 3 of that Schedule.

(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.

Complaints to the Commission or the Lord Chancellor

100

(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.

Complaints to the Ombudsman

101

(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.

Report and recommendations

102

(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.

Report procedure

103

(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;

(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.

References by the Lord Chancellor

104

(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.

Information

105

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.

Miscellaneous

Consultation on appointment of lay justices

106

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.

Disclosure of information to the Commission

107

(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;

(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).

Chapter 3 — Discipline

Disciplinary powers

108

(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).

Disciplinary powers: interpretation

109

(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;

(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;

(d) Chancellor of the High Court;

(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.

Applications for review and references

Applications to the Ombudsman

110

(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, orany 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.

Review by the Ombudsman

111

(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.

Reports on reviews

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).

References to the Ombudsman relating to conduct

113

(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.

Reports on references

114

(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.

General

Regulations about procedures

115

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.

Contents of regulations

116

(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.

Procedural rules

117

(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.

Extension of discipline provisions to other offices

118

(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.

Delegation of functions

119

(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);

(d) section 116(3)(b).

Scotland and Northern Ireland

Scotland

120

(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);

(d) section 116(3)(b).

Northern Ireland

121

(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);

(d) section 116(3)(b).

Chapter 4 — Interpretation of Part 4

Interpretation of Part 4

122

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 Chancellor of the High Court;

“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.

Part 5 — Judicial Appointments and Removals: Northern Ireland

Chapter 1 — Appointments

Disclosure of information to Commission

Disclosure of information to the Northern Ireland Judicial Appointments Commission

123

(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—

(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.

Ombudsman

Northern Ireland Judicial Appointments Ombudsman

124

(1) The italic cross-heading before section 9 of the 2002 Act is omitted.

(2) After that section insert—

(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.

Complaints and references

Complaints: interpretation

125

After section 9A of the 2002 Act insert—

(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.

Complaints to the Commission or the Lord Chancellor

126

After section 9B of the 2002 Act insert—

(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.

Complaints to the Ombudsman

127

After section 9C of the 2002 Act insert—

(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.

Report and recommendations

128

After section 9D of the 2002 Act insert—

(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.

Report procedure

129

After section 9E of the 2002 Act insert—

(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.

References by the Lord Chancellor

130

After section 9F of the 2002 Act insert—

(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.

Information

131

After section 9G of the 2002 Act insert—

(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.

Confidentiality in relation to judicial appointments and discipline

132

After section 9H of the 2002 Act insert—

(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

Chapter 2 — Removals

Removal from most senior judicial offices

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal from listed judicial offices

134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals for considering removal

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 5

136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — Other provisions relating to the judiciary

Parliamentary disqualification

137

(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

(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.

Encouragement of diversity

137A

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.

Judicial Committee of the Privy Council

138

Schedule 16 contains amendments about the Judicial Committee of the Privy Council.

Part 7 — General

Confidentiality

139

(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;

(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.

“Enactment”

140

(1) In this Act “enactment” includes—

(a) an enactment contained in this Act;

(b) an enactment contained in a local, personal or private Act;

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.

“Subordinate legislation”

141

(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.

General interpretation

142

In this Act—

“functions” includes powers and duties;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

Supplementary provision etc

143

(1) The Lord Chancellor may by order make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) An order under this section may in particular—

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order;

(b) amend or repeal any of the following—

(i) an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

(ii) subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

(iii) any other instrument or document, including a prerogative instrument;

(3) The amendments that may be made by virtue of subsection (2)(b) are in addition to those made by or under any other provision of this Act.

(4) In this section “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.

Orders and regulations

144

(1) Any power of a Minister of the Crown to make an order or regulations under this Act is exercisable by statutory instrument, except where subsection (2) applies.

(2) Any power of the Lord Chancellor to make an order under section 19(1) or 143 amending an enactment contained in, or in an instrument made under, Northern Ireland legislation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Regulations under section 115, 120(5) or 121(5) are to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the regulations were made by a Minister of the Crown.

(4) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) Subsection (4) applies to a statutory instrument which contains any of the following—

(za) regulations under section 27A;

(a) an order under section 85(3)(a) or (b) which amends Part 1 of Schedule 14;

(aa) an order under section 85(5);

(ab) regulations under section 94 or 94C;

(b) an order under section 19(1) which amends a public general Act, except where the only such amendment is the inclusion in Schedule 7 of a function of the Lord Chancellor;

(c) an order under section 19(1) which amends subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, except where the only such amendment consists of provision that falls within subsection (2)(b) of section 19;

(d) an order under section 143 which amends a public general Act;

(e) regulations under Part 1 of Schedule 12.

(6) In any other case a statutory instrument containing an order or regulations under this Act, unless it contains only an order under section 27B(5), 66(5) or 148, is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory rule made under a power to which subsection (2) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

Minor and consequential amendments

145

Schedule 17 (minor and consequential amendments) has effect.

Repeals and revocations

146

The provisions listed in Schedule 18 are repealed or revoked to the extent specified.

Extent

147

(1) Sections 7, 8 and 9 extend to England and Wales only.

(2) Section 6 and Part 5 extend to Northern Ireland only.

(3) Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

(4) Subject to subsections (1) to (3), this Act extends to Northern Ireland.

Commencement

148

(1) This Act, except the following provisions, comes into force in accordance with provision to be made by the Lord Chancellor by order.

(2) The provisions excepted from subsection (1) are—

(a) section 4;

(b) sections 18 to 22;

(d) section 147;

(e) this section;

(f) section 149;

(g) Schedules 6 and 7.

(3) Section 4 comes into force in accordance with provision to be made by the Secretary of State by order.

(4) An order by which section 23(1) comes into force at any time may not be made unless the Lord Chancellor is satisfied that the Supreme Court will at that time be provided with accommodation in accordance with written plans that he has approved.

(5) The Lord Chancellor may approve plans only if, having consulted the Lords of Appeal in Ordinary holding office at the time of the approval, he is satisfied that accommodation in accordance with the plans will be appropriate for the purposes of the Court.

(6) An order under this section may make different provision for different purposes.

Short title

149

This Act may be cited as the Constitutional Reform Act 2005.

SCHEDULE 1 — Powers to make rules

Part 1 — The process

Interpretation

1

In this Part “designated rules” means rules under another Act which are, by virtue of provision in that Act, to be made in accordance with this Part.

The process

2

(1) It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules.

(2) The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)—

(a) to make designated rules generally, or

(b) to make designated rules under a particular enactment.

(3) In this Part—

(a) “judicial office holder” has the same meaning as in section 109(4);

(b) references to the Lord Chief Justice's nominee, in relation to designated rules, mean a judicial office holder nominated by the Lord Chief Justice under sub-paragraph (1) to make those rules.

3

(1) The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor.

(2) If the Lord Chancellor does not agree designated rules made by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the rules.

4

(1) Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor—

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