Part 4Judicial appointments and discipline
C1Chapter 3Discipline
Applications for review and references
114Reports on references
1
Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.
2
If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.
3
The draft report must state the Ombudsman's proposals as to—
a
the findings he will make;
b
any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.
4
Those findings and recommendations are referred to in this section as the Ombudsman's response on the investigation.
5
The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.
6
If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.
7
The Ombudsman must produce a final report that sets out—
a
the Ombudsman's response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);
b
a statement of any proposal under subsection (6) that is not given effect to.
8
The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.
9
Each copy must be signed by the Ombudsman.
Pt. 4 Ch. 3 applied (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 23, 182, Sch. 3 para. 14 (with s. 180, Sch. 22)