Applications to the Ombudsman

1 This section applies if an interested party makes an application to the Ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been— a a failure to comply with prescribed procedures, or b some other maladministration. 2 The Ombudsman must carry out a review if the following three conditions are met. 3 The first condition is that the Ombudsman considers that a review is necessary. 4 The second condition is that— a the application is made within the permitted period, b the application is made within such longer period as the Ombudsman considers appropriate in the circumstances, or c the application is made on grounds alleging undue delay and the Ombudsman considers that the application has been made within a reasonable time. 5 The third condition is that the application is made in a form approved by the Ombudsman. 6 But the Ombudsman may not review the merits of a decision made by any person. 7 If any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the Ombudsman— a may not carry out a review, and b must inform the applicant accordingly. 8 In this section and sections 111 to 113, “ regulated disciplinary function ” means any of the following— a any function of the Lord Chancellor that falls within section 108(1); b any function conferred on the Lord Chief Justice by section 108(3) to (7); c any function exercised under prescribed procedures in connection with a function falling within paragraph (a) or (b). 9 In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function— “ interested party ” means— the judicial office holder in relation to whose conduct the function is exercised, or any person who has made a complaint about that conduct in accordance with prescribed procedures; “ permitted period ” means the period of 28 days beginning with the latest of— the failure or other maladministration alleged by the applicant; where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation; where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination. 10 References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.