88. (1) Where a hearing is conducted under section 68(3) or 79(3) in relation to a complaint and a determination is made by the Judicial Conduct Committee that the complaint has not been substantiated, the judge concerned may apply to the Committee for the recovery of the reasonable legal costs and expenses associated with his or her legal representation (if any) connected with the hearing.

(2) Where on application to it by the judge concerned under subsection (1), the Judicial Conduct Committee considers that the interests of justice require the payment of the reasonable legal costs and expenses referred to in that subsection, the Committee shall nominate a solicitor, other than a solicitor who was involved in any hearing relating to the complaint concerned, to agree those legal costs and expenses.

(3) In default of agreement under subsection (2), the Judicial Conduct Committee shall—

(a) refer the legal costs and expenses to the Taxing Master of the High Court for taxation, and

(b) nominate a solicitor (which may be the solicitor referred to in subsection (2)) to represent it in such taxation.

(4) The Minister shall be liable to pay to the judge the legal costs and expenses agreed under subsection (2) or taxed under subsection (3), as the case may be.