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Constitutional Reform Act 2005, Section 101 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subsections (2) and (3) apply to a complaint which the complainant—
(a)has made to the Commission [F1, 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 [F2decision 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 [F3, 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.
Textual Amendments
F1Words in s. 101(1)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 73(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F2Words in s. 101(1)(b) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 73(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F3Words in s. 101(4)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 73(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
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