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Constitutional Reform Act 2005
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Constitutional Reform Act 2005, Section 108 is up to date with all changes known to be in force on or before 14 November 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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108Disciplinary powersU.K.
This section has no associated Explanatory Notes
(1)Any power of the Lord Chancellor to remove a person from an office listed in Schedule 14 is exercisable only after the Lord Chancellor has complied with prescribed procedures (as well as any other requirements to which the power is subject).
(2)The Lord Chief Justice may exercise any of the following powers but only with the agreement of the Lord Chancellor and only after complying with prescribed procedures.
(3)The Lord Chief Justice may give a judicial office holder formal advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular office holder).
(4)He may suspend a person from a judicial office for any period during which any of the following applies—
(a)the person is subject to criminal proceedings;
(b)the person is serving a sentence imposed in criminal proceedings;
(c)the person has been convicted of an offence and is subject to prescribed procedures in relation to the conduct constituting the offence.
(5)He may suspend a person from a judicial office for any period if—
(a)the person has been convicted of a criminal offence,
(b)it has been determined under prescribed procedures that the person should not be removed from office, and
(c)it appears to the Lord Chief Justice with the agreement of the Lord Chancellor that the suspension is necessary for maintaining confidence in the judiciary.
(6)He may suspend a person from office as a senior judge for any period during which the person is subject to proceedings for an Address.
(7)He may suspend the holder of an office listed in Schedule 14 for any period during which the person—
(a)is under investigation for an offence, or
(b)is subject to prescribed procedures.
(8)While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).
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