Judicial Council Act 2019
F5[Complaints Review Committee: temporary replacement of member
55A. (1) Where an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee is the subject of a complaint or otherwise has a conflict of interest in respect of a matter before the Complaints Review Committee, or the lay member of the Complaints Review Committee has a conflict of interest in respect of a matter before that Committee, the member concerned shall take no part in the performance by that Committee of its function in relation to such complaint or matter, and, accordingly shall not—
(a) attend any meeting of that Committee held for the purpose of performance of that function, or
(b) cast a vote in relation to any decision falling to be made by it for that purpose.
(2) Where subsection (1) applies, the Judicial Conduct Committee shall, for the purpose of performing the function referred to in that subsection, replace the member of the Complaints Review Committee concerned—
(a) in the case of an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee, with another ex officio member or elected member of the Judicial Conduct Committee, or
(b) in the case of the lay member, with another lay member of the Judicial Conduct Committee,
and, accordingly that other person may attend at any meeting of the Complaints Review Committee held for the purpose of the performance of that function and may cast a vote in relation to any decision falling to be made by it for that purpose.
(3) Where a member of the Complaints Review Committee is temporarily unable to act as a member of that Committee, whether due to illness, incapacity or for any other reason, the Judicial Conduct Committee shall, for the duration of such period when the member is unable to act, replace that member with—
(a) where the member unable to act is an ex officio member or elected member of the Judicial Conduct Committee, another ex officio member or elected member of the Judicial Conduct Committee, or
(b) where the member unable to act is the lay member, another lay member of the Judicial Conduct Committee.
(4) Where a member of the Judicial Conduct Committee replaces a member of the Complaints Review Committee in accordance with subsection (2) or (3), the period of time served by that member of the Judicial Conduct Committee as such a replacement shall not be considered a term of membership for the purposes of section 55.]
Annotations
Amendments:
F5
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 83, S.I. No. 389 of 2023.
Editorial Notes:
E9
The section heading is taken from the amending section in the absence of one included in the amendment.