Part 4Judicial appointments and discipline

C1C2 Chapter 3Discipline

Annotations:
Modifications etc. (not altering text)
C2

Pt. 4 Ch. 3 applied (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 126(5)(8), 131(1)(4)(c); S.I. 2022/1014, reg. 2(a)

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.