32Judicial officer excused if judicial commission appointed

32 Judicial officer excused if judicial commission appointed

(1)  If a commission is appointed to examine a complaint in respect of a judicial officer, the judicial officer –

(a) is excused from the relevant judicial office; and

(b) is not to perform any function, or exercise any power, connected with the relevant judicial office.

(2)  Despite subsection (1) , if a judicial officer has been excused from judicial office under that subsection, the relevant supervisory entity may, by instrument, authorise the judicial officer to perform a specified function, or exercise a specified power, of the judicial office held, for the purpose of completing a specified matter or a specified class of matters.

(3)  The performance of a function, or the exercise of a power, by a judicial officer who has been excused from judicial office under this section is taken to have been validly performed, or exercised, if the performance of the function or the exercise of the power is authorised under subsection (2) .

(4)  A judicial officer who has been excused from judicial office under this section may only be returned to judicial office if –

(a) the commission’s report in respect of the relevant complaint is tabled in Parliament under section 50 ; and

(b) within 5 sitting-days of each House of Parliament after the report is so tabled, a resolution motion, within the meaning of section 33(2)(b)  –

(i) has not been made in either House; or

(ii) if made in a House during that period, has been negatived or withdrawn.

(5)  A judicial officer who has been excused from office under this section is entitled to be paid remuneration and allowances, in accordance with the instrument of appointment of the judicial officer, as a judicial officer while excused.