Part 2The judiciary
Chapter 4Judicial conduct
Judicial conduct
I128Rules about investigations etc.
1
The Lord President may by rules make provision for or in connection with—
a
the investigation and determination of any matter concerning the conduct of judicial office holders,
b
reviews of any such determinations.
2
Rules under subsection (1) may in particular contain provision about—
a
circumstances in which an investigation must or may be undertaken,
b
the making of complaints,
c
steps to be taken by a complainant before a complaint is to be investigated,
d
the conduct of an investigation (including in particular steps to be taken by the office holder under investigation or by a complainant or other person),
e
time limits for taking any step and procedures for extending time limits,
f
persons by whom an investigation or part of an investigation is to be conducted,
g
matters to be determined by the person conducting an investigation (or part of an investigation), the Lord President or any other person,
h
the making of recommendations by persons conducting investigations (or parts of investigations),
i
the obtaining of information relating to complaints,
j
the keeping of records of investigations,
k
confidentiality of communications or proceedings,
l
the publication of information or its provision to any person.
3
Rules under subsection (1)—
a
may make different provision for different cases,
b
are to be published in such manner as the Lord President may determine.
I229Powers of Lord President
1
Where subsection (2) applies in relation to a judicial office holder, the Lord President may, for disciplinary purposes, give the judicial office holder—
a
formal advice,
b
a formal warning, or
c
a reprimand.
2
This subsection applies where—
a
an investigation has been carried out in accordance with rules under section 28(1), and
b
the person carrying out the investigation has recommended that the Lord President exercise a power mentioned in subsection (1).
3
This section does not restrict what the Lord President may do—
a
informally,
b
for other purposes, or
c
where any advice or warning is not given to a particular judicial office holder.