The Judicial Discipline (Prescribed Procedures) Regulations 2023

Investigation process

7.—(1) The Lord Chief Justice, with the agreement of the Lord Chancellor, may make rules about the process to be applied in respect of a complaint.

(2) Rules under paragraph (1) shall not apply in relation to an 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) Rules under paragraph (1) shall not apply in relation to an 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.

(4) The rules may include provision as to any of the following:

(a) the form of a complaint;

(b) the information to be contained in a complaint;

(c) time limits for taking any step and procedures for extending or shortening time limits;

(d) the circumstances in which a case may be dismissed;

(e) the circumstances in which an investigation may be undertaken (on the making of a complaint);

(f) the conduct of an investigation, including steps to be taken by the office holder concerned, by a complainant or any other person;

(g) the circumstances in which a case may be investigated by the JCIO, a secretary, a deputy secretary, a nominated judge, a nominated committee member, an investigating judge or a disciplinary panel;

(h) the circumstances in which a case may be dealt with under a summary process;

(i) the circumstances in which a case may be dealt with under an expedited process;

(j) the circumstances in which a case which has initially been dismissed may be reconsidered.