The Judicial Discipline (Prescribed Procedures) Regulations 2006

Interim suspension

39.—(1) If the Lord Chief Justice decides, with the agreement of the Lord Chancellor, to suspend a judicial office holder from his judicial office under section 108(4)(a), (6) or (7) of the Act, he must—

(a) notify the judicial office holder of the proposed suspension, the reasons for it and the time when it is proposed that it will come 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 him to make representations.

(2) The judicial office holder must make any representations within ten business days of notification under paragraph (1)(a).

(3) When any of the factors which the Lord Chief Justice and the Lord Chancellor have indicated would be taken into account in accordance with paragraph (1)(b) become operative, or any other matter which the Lord Chief Justice and the Lord Chancellor consider relevant arises, the Lord Chief Justice and the Lord Chancellor must—

(a) decide whether continuation of the suspension is appropriate;

(b) notify the judicial office holder of their decision under sub-paragraph (a) and of the reasons for that decision; and

(c) invite the judicial office holder to make representations.

(4) The judicial office holder must make any representations within ten business days of notification under paragraph (3).