|
| |
| |
(b) | may require that prescribed steps be taken by the Lord Chief Justice or |
| |
the Minister in exercising those functions or before exercising them. |
| |
(3) | The regulations may provide for any prescribed requirement not to apply if the |
| |
Lord Chief Justice and the Minister so agree. |
| |
(4) | Where the regulations impose any requirement on the office holder under |
| 5 |
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 Minister or |
| 10 |
either of them in accordance with provisions so prescribed. |
| |
(5) | The regulations may make different provision for different purposes. |
| |
(6) | Nothing in this section limits the generality of section 85. |
| |
| |
(1) | Regulations under section 85 may provide for provision of a prescribed |
| 15 |
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 Minister. |
| |
(2) | But the provision that may be made by rules does not include— |
| |
(a) | provision within section 86(2); |
| |
(b) | provision made for the purposes of section 86(4). |
| 20 |
(3) | The rules are to be published in such manner as the Lord Chief Justice may |
| |
determine with the agreement of the Minister. |
| |
Complaints and references |
| |
88 | Investigations by the Ombudsman relating to conduct |
| |
(1) | The Ombudsman must investigate any complaint that a complainant within |
| 25 |
subsection (2) has suffered injustice because of— |
| |
(a) | a failure by the Lord Chief Justice, the Minister or any other person to |
| |
comply with prescribed procedures, or |
| |
(b) | other maladministration in an investigation or determination to which |
| |
| 30 |
(2) | The persons who may make a complaint under this section are these— |
| |
(a) | the judicial office holder the subject of the investigation or |
| |
| |
(b) | a complainant under regulations under section 85. |
| |
(3) | Subsection (1) does not apply to a complaint such as is mentioned there if it is |
| 35 |
made to the Ombudsman more than 28 days after the latest of — |
| |
(a) | the matter complained of; |
| |
(b) | the conclusion or other termination of an investigation to which the |
| |
| |
(c) | the making of a determination to which the complaint relates. |
| 40 |
| |
| |
|
| |
| |
(4) | A complaint under this section must be in a form approved by the |
| |
| |
89 | References to the Ombudsman relating to conduct |
| |
(1) | The Ombudsman must investigate any matter referred to him by the Lord |
| |
Chief Justice or the Minister relating to an investigation or determination to |
| 5 |
which prescribed procedures apply. |
| |
(2) | The matter may relate to the investigation or determination of a particular |
| |
complaint or complaints of any description. |
| |
(3) | The Ombudsman must report to the Minister on any investigation under this |
| |
| 10 |
(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 |
| |
| |
(5) | The report must be signed by the Ombudsman. |
| 15 |
90 | Report and recommendations |
| |
(1) | The Ombudsman must prepare a report on any complaint he has investigated |
| |
| |
(2) | The report must state— |
| |
(a) | what findings the Ombudsman has made; |
| 20 |
(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 |
| |
Lord Chief Justice or the Minister as a result of the complaint. |
| |
(3) | The recommendations that may be made under subsection (2)(c) include |
| |
recommendations for the payment of compensation. |
| 25 |
| |
(1) | This section applies to a report under section 90. |
| |
(2) | The Ombudsman must submit a draft of the report to the Lord Chief Justice |
| |
| |
(3) | In finalising the report the Ombudsman— |
| 30 |
(a) | must have regard to any proposal by the Lord Chief Justice or the |
| |
Minister for changes in the draft report; |
| |
(b) | must include in the report a statement of any such proposal not given |
| |
| |
(4) | The report must be signed by the Ombudsman. |
| 35 |
(5) | The Ombudsman must send the report in duplicate to the Lord Chief Justice |
| |
| |
(6) | The Ombudsman must send a copy of the report to the complainant, but that |
| |
copy must not include confidential information within the meaning of section |
| |
92 which relates to an individual other than the complainant. |
| 40 |
| |
| |
|
| |
| |
| |
| |
| |
(1) | A person who is or has been the Ombudsman, a member of the Ombudsman’s |
| |
staff or an agent of the Ombudsman must not disclose confidential information |
| 5 |
except with lawful authority. |
| |
(2) | Information is confidential if each of the following applies— |
| |
(a) | it has been obtained by or provided to the Ombudsman under or for the |
| |
| |
(b) | it relates to an identified or identifiable individual; |
| 10 |
(c) | it is not, and has never been, available to the public from other sources. |
| |
(3) | 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 the individual; |
| |
(b) | the information was provided in order to comply with any provision of |
| 15 |
| |
(c) | the disclosure is for (and is necessary for) the discharge of functions of |
| |
the Ombudsman under this Part; |
| |
(d) | the disclosure is for (and is necessary for) the purposes of proceedings |
| |
(whether civil or criminal and whether or not arising under this Part). |
| 20 |
(4) | 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 |
| |
| |
(5) | But it is actionable only at the suit of the individual to whom the information |
| |
| 25 |
93 | Interpretation of Part 3 |
| |
| |
| the “Commission” means the Judicial Appointments Commission; |
| |
| “Head of Division” means any of these— |
| |
(a) | the Master of the Rolls; |
| 30 |
(b) | the President of the Family Division; |
| |
(c) | the Chancellor of the High Court; |
| |
(d) | the President of the Queen’s Bench Division; |
| |
| “high judicial office” has the meaning given by section 48; |
| |
| “lay member” of the Commission has the meaning given by paragraph 3 |
| 35 |
| |
| the “Ombudsman” means the Judicial Appointments and Conduct |
| |
| |
| “prescribed” means prescribed by regulations under section 85 or by rules |
| |
| 40 |
| |
| |
|
| |
| |
| |
Other provisions relating to the judiciary |
| |
94 | Parliamentary disqualification |
| |
(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— |
| 5 |
| “Judge of the Supreme Court. |
| |
| Member of the supplementary panel under section 30 of the |
| |
Constitutional Reform Act 2004.” |
| |
(2) | A member of the House of Lords is, while he holds any of the judicial offices |
| |
specified in Part 1 of Schedule 1 to the House of Commons Disqualification Act |
| 10 |
1975, disqualified for sitting or voting in— |
| |
| |
(b) | a committee of that House, or |
| |
(c) | a joint committee of both Houses. |
| |
(3) | A member of the House of Lords who is disqualified under subsection (2) is not |
| 15 |
for that reason disqualified for receiving a writ of summons to attend that |
| |
House, but any such writ is subject to that subsection. |
| |
95 | Judicial functions of the Lord President of the Council |
| |
(1) | Schedule 13 contains amendments relating to the judicial functions of the Lord |
| |
President of the Council. |
| 20 |
(2) | The amendment made by paragraph 2 of that Schedule also relates to the |
| |
keeper and commissioners of the great seal. |
| |
| |
| |
96 | Functions of the Minister not to be transferred by order |
| 25 |
Section 1 of the Ministers of the Crown Act 1975 (c. 26) (powers to transfer |
| |
functions between Ministers of the Crown) does not apply to functions |
| |
conferred on the Minister by any provision of this Act (including any |
| |
amendment made by this Act to another enactment). |
| |
97 | Interpretation: the Minister |
| 30 |
In this Act “the Minister” means the Secretary of State for Constitutional |
| |
| |
98 | Supplementary provision etc |
| |
(1) | The Minister may by order make— |
| |
(a) | any supplementary, incidental or consequential provision, and |
| 35 |
(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 |
| 5 |
other provision has come into force, with such modifications as are |
| |
| |
(b) | amend or repeal any of the following— |
| |
(i) | an enactment other than one contained in an Act passed in a |
| |
Session after that in which this Act is passed; |
| 10 |
(ii) | subordinate legislation other than subordinate legislation made |
| |
under an Act passed in a Session after that in which this Act is |
| |
| |
(iii) | any other instrument or document, including a prerogative |
| |
| 15 |
(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. |
| |
| |
| “enactment” has the same meaning as in the Interpretation Act 1978 (c. 30) |
| |
and also includes a local, personal or private Act; |
| 20 |
| “prerogative instrument” means an Order in Council, warrant, charter or |
| |
other instrument made under the prerogative; |
| |
| “subordinate legislation” has the same meaning as in the Interpretation |
| |
| |
99 | Orders and regulations |
| 25 |
(1) | Any power of the Minister to make an order or regulations under this Act is |
| |
exercisable by statutory instrument. |
| |
(2) | A statutory instrument containing such an order or regulations is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament; but that |
| |
is subject to the following subsections. |
| 30 |
(3) | A statutory instrument containing an order or regulations under any of the |
| |
following provisions may not be made unless a draft of the instrument has |
| |
been laid before and approved by a resolution of each House of Parliament. |
| |
(4) | Those provisions are— |
| |
| 35 |
| |
(c) | paragraph 7 of Schedule 10. |
| |
(5) | A statutory instrument containing an order under section 65(3)(a) or (b) which |
| |
amends Part 1 of Schedule 12 may not be made unless a draft of the instrument |
| |
has been laid before and approved by a resolution of each House of Parliament. |
| 40 |
(6) | Subsection (2) does not apply to an order under section 103. |
| |
100 | Minor and consequential amendments |
| |
Schedule 14 (minor and consequential amendments) has effect. |
| |
| |
| |
|
