• PART 4 PART 4 — Miscellaneous

    • 14. Suspension

      (1) Where a person or body conducting an investigation into a complaint or otherwise considers that the matter should be referred to the Chief Justice with a view to the exercise of the power under section 214(4)(a) or (b) of the Regulations to suspend the judicial office holder, that person or body must send a report to that effect to the Chief Justice.
      (2) If the Chief Justice decides to suspend a judicial office holder from their office under section 214(4) of the Regulations, the Chief Justice must —
      (a) notify the judicial office holder of the suspension, the reasons for it and if the suspension is not immediate, the time when it comes into effect;
      (b) notify the judicial office holder of the factors that will be taken into account in determining when the suspension will end; and
      (c) invite the judicial office holder to make representations.
      (3) The judicial office holder must make any representations within 10 business days of the notification under paragraph (1).
      (4) Where, after a suspension comes into effect, any of the factors which the Chief Justice has indicated would be taken into account in accordance with paragraph (2)(b) become operative, or any other matter which the Chief Justice considers relevant arises, the Chief Justice must —
      (a) decide whether continuation of the suspension is appropriate;
      (b) notify the judicial office holder of his decision under sub-paragraph (a) and of the reasons for that decision; and
      (c) invite the judicial office holder to make representations.
      (5) The judicial office holder may make any representations within 10 business days of a notification under paragraph (3).

    • 15. Publication of decision

      (1) The Chief Justice may agree to the publication of information about disciplinary proceedings or the taking of disciplinary action.
      (2) Publication for this purpose means any form of communication which is addressed to an individual, a section of the public or the public at large.

    • 16. Delegation

      The Chief Justice may delegate any function under these Rules other than the power to make rules under rule 5(1).

    • 17. Ceasing to hold office

      (1) Subject to paragraph (2), where the judicial office holder concerned ceases to hold their office, consideration of the complaint under these Rules or rules made under rule 5 must cease.
      (2) The Chief Justice may continue to deal with the case and then make a finding of misconduct in relation to the judicial office holder concerned where the circumstances in paragraph (3) apply.
      (3) The circumstances are —
      (a) the judicial office holder concerned ceases to hold their office;
      (b) a disciplinary panel or an investigating judge proposes to advise, or has advised, the Chief Justice that the judicial office holder concerned should be removed from holding their office; and
      (c) no decision has been made under rule 12.

    • 18. Transitional provision

      These Rules apply to any case under consideration before these Rules come into force which has not been withdrawn, dismissed or determined.