Act

Constitutional Reform Act 2026

2026 c. 43

Constitutional Reform Act 2026
2026 CHAPTER 43
An Act to make provision for the rule of law and judicial independence; to make provision about the office of Lord Chancellor; to establish and make provision about the Supreme Court of United Hampshire; to establish the Judicial Appointments Commission and the Judicial Appointments and Conduct Ombudsman; to make provision about the selection, appointment and discipline of judicial office-holders; and for connected purposes.
[16th August 2026]
The Lord Lieutenant enacts as follows—
PART 1
THE RULE OF LAW AND JUDICIAL INDEPENDENCE
1	The rule of law
(1)	This Act does not adversely affect the existing constitutional principle of the rule of law.
(2)	The Lord Chancellor, other Ministers of the United Hampshire Government and every public authority must have regard to the need to uphold the rule of law in the exercise of their functions.
(3)	Nothing in this section authorises a Minister or public authority to determine the outcome of proceedings before a court or tribunal.
2	Continued judicial independence
(1)	The Lord Chancellor, other Ministers of the United Hampshire Government and all persons with responsibility for matters relating to the Judiciary or the administration of justice must uphold the continued independence of the Judiciary.
(2)	In particular, a person within subsection (1) must not seek to influence a judicial decision through any special access to a judicial office-holder.
(3)	A person exercising functions relating to judicial appointments, discipline, deployment, remuneration, resources or administration must have regard to the need to defend judicial independence and to provide such support as is reasonably necessary for the Judiciary to exercise its functions.
(4)	Judicial independence includes institutional independence and the independence of each judicial office-holder when deciding an individual case.
3	Constitutional responsibility for judicial independence
(1)	The Lord Chancellor has special responsibility for defending the independence of the Judiciary.
(2)	The Chief Justice has responsibility for representing the views of the Judiciary to Parliament and the Government and for the welfare, training and guidance of judicial office-holders within the Chief Justice’s jurisdiction.
(3)	The responsibilities in this section are complementary and do not permit either office-holder to direct another judicial office-holder as to the outcome of an individual case.
4	Public authorities and operating platforms
(1)	No public authority may treat an operating-platform role, permission, ownership right, technical permission or moderation capability as a source of judicial authority.
(2)	Judicial authority derives only from law and lawful appointment to judicial office.
(3)	A technical or platform restriction affecting access to a court, tribunal, hearing, record or judicial function must be administered consistently with applicable law, open justice, accessibility and judicial independence.
PART 2
THE LORD CHANCELLOR
5	The office of Lord Chancellor
(1)	The office of Lord Chancellor continues.
(2)	The person appointed Lord Chancellor is also the Secretary of State for Justice where the same person is appointed to both offices under the current ministerial arrangements.
(3)	The office of Lord Chancellor is a constitutional office and its functions under this Act are not exercisable merely by virtue of holding another ministerial portfolio.
6	Appointment to the office
(1)	A person may be appointed Lord Chancellor only if the appointing authority is satisfied that the person is qualified by experience.
(2)	Relevant experience includes experience as—
(a)	a Minister;
(b)	a Member of either House of Parliament;
(c)	a qualifying legal practitioner;
(d)	a judicial office-holder;
(e)	a teacher of law in a recognised educational institution; or
(f)	a person with substantial experience in constitutional, legal, public-administration or justice matters.
(3)	This section does not require the Lord Chancellor to be a lawyer.
7	Lord Chancellor’s oath and constitutional duty
(1)	Before exercising the principal functions of office, the Lord Chancellor must make the oath or affirmation prescribed for the office by law.
(2)	The Lord Chancellor must respect the rule of law, defend the independence of the Judiciary and discharge the office in a way which sustains the proper administration of justice.
8	Representations about the judiciary and justice system
(1)	The Chief Justice may make representations to the Lord Chancellor, Cabinet or Parliament on matters concerning the Judiciary or the administration of justice.
(2)	The Lord Chancellor must consider representations made under subsection (1) and respond through the appropriate constitutional or administrative route.
(3)	This section does not require disclosure of confidential judicial deliberations, legally privileged material or information whose disclosure would prejudice the administration of justice.
9	Judicial resources and administration
(1)	The Lord Chancellor is responsible for securing, through the Ministry of Justice and the applicable public-finance machinery, resources reasonably required for the effective administration of the courts and tribunals for which the Ministry is responsible.
(2)	Resource decisions must respect judicial independence and must not be used to influence the outcome of proceedings.
(3)	The Chief Justice and other competent judicial leaders may make representations about the resources necessary for the discharge of judicial functions.
10	Ministerial limits
(1)	The Lord Chancellor may exercise only functions conferred by law or by a lawful constitutional arrangement.
(2)	The Lord Chancellor may not—
(a)	reverse or vary a judicial decision otherwise than through a lawful party or appellate route;
(b)	direct a judge or tribunal member how to decide a case;
(c)	use appointment, discipline, remuneration, deployment or resource functions as a means of influencing an individual case; or
(d)	treat administrative or platform control as a substitute for judicial authority.
PART 3
THE SUPREME COURT OF UNITED HAMPSHIRE
CHAPTER 1
THE COURT AND ITS JUDGES
11	The Supreme Court of United Hampshire
(1)	There is to be a Supreme Court of United Hampshire.
(2)	The Court is a court of record and is the final court of appeal within the judicial competence of the United Hampshire State, subject to any express constitutional provision to the contrary.
(3)	The Court is institutionally separate from the United Hampshire Government, the Ministry of Justice and the courts administration service.
12	Composition of the Court
(1)	The Court consists of—
(a)	the President of the Supreme Court;
(b)	the Deputy President of the Supreme Court; and
(c)	not more than ten other Justices of the Supreme Court.
(2)	A vacancy does not prevent the Court from exercising its jurisdiction if the Court is otherwise duly constituted.
13	Qualification for appointment
(1)	A person is qualified for appointment as a Justice of the Supreme Court if the person—
(a)	holds or has held high judicial office for at least two years; or
(b)	has been a qualifying legal practitioner for at least fifteen years.
(2)	In this section “qualifying legal practitioner” has the meaning given by section 69.
14	Selection commission for the President and Deputy President
(1)	Where a vacancy arises in the office of President or Deputy President, the Lord Chancellor must convene a selection commission.
(2)	The commission must include—
(a)	the Chair of the Judicial Appointments Commission or another lay commissioner nominated by the Chair;
(b)	a senior judicial member who is not a candidate; and
(c)	such other members as are prescribed by regulations made after consultation with the Chief Justice and the Judicial Appointments Commission.
(3)	A majority of the commission must not be members of the Supreme Court.
(4)	The commission must select solely on merit and must have regard to the need to encourage diversity in the range of persons available for selection.
15	Selection of other Justices
(1)	A vacancy in the office of Justice of the Supreme Court must be filled through an independent selection commission constituted in accordance with regulations under this Act.
(2)	The commission must consult such senior judicial office-holders and other persons as are prescribed.
(3)	Selection must be solely on merit, subject to the duty to encourage diversity in the range of persons available for selection.
16	Report of selection
(1)	A selection commission must submit a report to the Lord Chancellor identifying the person selected and explaining the process followed.
(2)	The report must contain sufficient information to allow the Lord Chancellor to determine whether the selection complied with this Act and the prescribed procedure.
(3)	The Lord Chancellor must not substitute another candidate.
17	Lord Chancellor’s options on a selection
(1)	On receiving a selection under section 16 the Lord Chancellor may—
(a)	accept the selection;
(b)	reject it once; or
(c)	require the commission to reconsider it once.
(2)	A rejection may be made only if the Lord Chancellor is satisfied that the person selected is not suitable for the office.
(3)	A requirement to reconsider may be made only on grounds prescribed by this Act or regulations and must be accompanied by written reasons.
(4)	After the permitted rejection or reconsideration stages have been exhausted, the Lord Chancellor must accept the selection then lawfully made.
18	Appointment by the Lord Lieutenant
(1)	Where a selection has been accepted under section 17, the Lord Chancellor must notify the Chief Minister.
(2)	The Chief Minister must advise the Lord Lieutenant to appoint the selected person to the office concerned.
(3)	The Lord Lieutenant appoints the selected person by the appropriate constitutional instrument.
(4)	No person may be appointed to the Court otherwise than in accordance with this Chapter, except for temporary sitting arrangements expressly authorised by section 22.
19	Oath or affirmation
A person appointed as a Justice of the Supreme Court must, before first exercising the functions of office, make the judicial oath or affirmation required by law.
20	Tenure
(1)	A Justice of the Supreme Court holds office during good behaviour, subject to retirement, resignation and removal in accordance with law.
(2)	A Justice may resign by notice in writing to the Lord Lieutenant.
(3)	A resignation takes effect on the date specified or, if none is specified, when received.
21	Removal from office
(1)	A Justice of the Supreme Court may be removed from office only by the Lord Lieutenant following an address presented by both Houses of Parliament.
(2)	No address may be moved unless the prescribed investigation and fairness requirements have been completed, except where the Justice has expressly waived those requirements after receiving independent legal advice.
(3)	Nothing in this section prevents suspension under section 56 pending determination of a disciplinary or incapacity matter.
22	Supplementary and acting judges
(1)	The President may request a person who holds or has held qualifying senior judicial office to sit as an acting Justice where reasonably necessary for the business of the Court.
(2)	A request under subsection (1) may be made only with the person’s consent and subject to any statutory eligibility, retirement and conflict requirements.
(3)	An acting Justice has the judicial powers of a Justice for the case or period for which the person sits, but does not become a permanent Justice by virtue of that service.
(4)	No acting appointment may be used to avoid a permanent appointment required by this Chapter.
CHAPTER 2
JURISDICTION AND PROCEDURE
23	Jurisdiction
(1)	The Supreme Court has the appellate, constitutional and other jurisdiction conferred on it by this Act or another enactment.
(2)	Subject to any contrary enactment, an appeal lies to the Supreme Court from the Court of Appeal with permission of the Court of Appeal or the Supreme Court.
(3)	No appeal lies merely because a party disagrees with findings of fact; the applicable appeal statute and rules govern the grounds and permission test.
(4)	This section does not transfer to the Supreme Court a matter outside United Hampshire legislative or judicial competence.
24	Constitutional and devolution questions
(1)	An enactment may provide for a constitutional, competence or devolution question to be referred or appealed to the Supreme Court.
(2)	The Court may determine only the question lawfully referred and may make such consequential order as is within its jurisdiction.
(3)	Nothing in this section creates jurisdiction over real-world United Kingdom institutions or matters outside the United Hampshire Realm.
25	Composition for proceedings
(1)	The Court is duly constituted for proceedings by an uneven number of Justices not fewer than three.
(2)	A panel of five or more should ordinarily be used where a case raises a point of exceptional constitutional importance or where the Court is considering departure from its own previous authority.
(3)	The President, or the most senior available Justice authorised by the President, determines panel composition having regard to independence, expertise, conflicts and efficient disposal of business.
26	Decisions and judgments
(1)	The decision of the majority is the decision of the Court.
(2)	Each Justice may give a judgment concurring with or dissenting from the majority.
(3)	Judgments and reasons must be published subject to lawful restrictions concerning privacy, safeguarding, national security, contempt, confidential information or another compelling interest in the administration of justice.
27	Rules of the Supreme Court
(1)	The President may make rules, to be known as Supreme Court Rules, governing the practice and procedure to be followed in the Court.
(2)	The President must exercise the rule-making power with a view to securing that the Court is accessible, fair and efficient and that the Rules are simple and simply expressed.
(3)	Before making Supreme Court Rules the President must consult—
(a)	the Lord Chancellor;
(b)	the recognised professional bodies for barristers and solicitors or other qualifying legal practitioners in United Hampshire; and
(c)	such other bodies representing persons likely to be affected by the Rules as the President considers appropriate.
(4)	Rules may make provision about—
(a)	applications and appeals;
(b)	permission to appeal;
(c)	service and filing;
(d)	case management;
(e)	hearings, including remote or digital hearings where lawful;
(f)	evidence and authorities;
(g)	costs and fees where authorised by law;
(h)	judgments, orders and correction; and
(i)	public access and records.
(5)	Supreme Court Rules made by the President must be submitted to the Lord Chancellor.
(6)	Rules submitted to the Lord Chancellor—
(a)	come into force on the day directed by the Lord Chancellor; and
(b)	must be contained in a statutory instrument.
(7)	A statutory instrument containing Supreme Court Rules is subject to the negative procedure.
(8)	Rules may not create substantive jurisdiction or a substantive right of appeal.
28	Practice directions
(1)	The President may issue practice directions for the efficient conduct of business in the Court.
(2)	A practice direction must be consistent with primary legislation and the Supreme Court Rules.
(3)	A practice direction must be published through the judicial publication route.
29	Sittings and place of Court
(1)	The Court may sit at any place within the United Hampshire Realm that the President considers appropriate and lawful.
(2)	The Court may conduct a hearing wholly or partly by remote or digital means where permitted by law and consistent with open justice and procedural fairness.
(3)	The use of a particular operating platform does not determine the Court’s jurisdiction.
30	Seal, records and process
(1)	The Court has an official seal.
(2)	Orders and other process may be authenticated electronically where the Rules so provide.
(3)	The Court must maintain secure and authoritative records of proceedings, judgments and orders.
(4)	Record access is governed by law, rules of court and applicable judicial-records policy.
CHAPTER 3
ADMINISTRATION
31	Chief Executive and staff
(1)	The Court is to be supported by a Chief Executive and such staff as are necessary for the proper administration of its business.
(2)	Administrative staff are public servants but must not interfere with judicial decision-making.
(3)	When exercising a delegated judicial function, an authorised member of staff is subject only to lawful judicial direction and the applicable rules.
32	Resources and accommodation
(1)	The Ministry of Justice must make arrangements for the resources, systems and accommodation reasonably required by the Court, subject to public-finance law.
(2)	Those arrangements must respect the institutional independence of the Court.
(3)	The President may make representations to the Lord Chancellor concerning the adequacy of resources.
33	Annual report
(1)	The President must prepare an annual report on the work of the Court for each reporting year.
(2)	The report must be laid before Parliament and published.
(3)	The report must not disclose information whose publication would prejudice proceedings, judicial independence, security, privacy or another lawful protected interest.
PART 4
JUDICIAL APPOINTMENTS
CHAPTER 1
THE JUDICIAL APPOINTMENTS COMMISSION
34	Judicial Appointments Commission
(1)	There is to be a Judicial Appointments Commission.
(2)	The Commission is independent of Ministers and of the Judiciary in the exercise of its selection functions.
(3)	Schedule 1 makes provision about the Commission.
35	General duty
The Commission must discharge its functions fairly, openly, efficiently and in a way which sustains the independence, quality and diversity of the Judiciary.
36	Selection on merit and good character
(1)	Selection for judicial office must be solely on merit.
(2)	A person must not be selected unless the Commission or selection panel is satisfied that the person is of good character.
(3)	Merit includes the abilities, qualities, knowledge and experience reasonably required for the office.
(4)	Nothing in this section authorises selection by political affiliation, personal favour or platform status.
37	Diversity duty
(1)	The Commission must have regard to the need to encourage diversity in the range of persons available for selection for judicial appointment.
(2)	The duty in subsection (1) does not displace selection solely on merit.
(3)	Where two or more candidates are of equal merit, regulations may permit a proportionate equal-merit provision for the purpose of increasing diversity, consistent with equality law.
38	Requests for selection
(1)	The Lord Chancellor or another appointing authority specified by law may request the Commission to select a person for a judicial office.
(2)	A request must identify—
(a)	the office;
(b)	the number of appointments;
(c)	statutory eligibility requirements;
(d)	any lawful business need; and
(e)	the intended appointment route.
(3)	A request must not dictate the person to be selected.
39	Selection process
(1)	The Commission must determine and publish selection processes appropriate to the office concerned.
(2)	A process may include application, evidence of eligibility, assessment, references, interview, consultation and such other proportionate methods as the Commission determines.
(3)	The process must provide a fair opportunity to eligible candidates and must include proportionate arrangements for accessibility and reasonable adjustments.
(4)	Sensitive personal information must be handled in accordance with data-protection law.
40	Statutory consultation
(1)	Where law requires consultation with a senior judicial office-holder or another person, the Commission must seek that person’s assessment through the prescribed process.
(2)	A consultee must give reasons for a material adverse assessment so far as lawfully possible.
(3)	Consultation does not confer a veto unless an enactment expressly provides otherwise.
41	Recommendation and report
(1)	After completing a selection process, the Commission must recommend the person selected to the appointing authority.
(2)	The Commission must keep a record sufficient to demonstrate compliance with this Act and the applicable process.
(3)	The appointing authority may accept, reject or require reconsideration only where an enactment expressly confers that power and only on the grounds prescribed.
42	Appointment
(1)	A person selected under this Part is appointed by the Lord Lieutenant, the Lord Chancellor, the Chief Justice or another authority according to the enactment governing the office.
(2)	Where appointment is by the Lord Lieutenant, the competent Minister or constitutional office-holder must tender the required advice after completion of the statutory selection process.
(3)	No appointment is valid merely because a person has been assigned a platform role, court permission or administrative title.
43	Temporary and urgent appointments
(1)	An enactment may provide a narrowly defined route for temporary judicial appointment without a full Commission competition where an immediate business need makes that necessary.
(2)	Such a route must—
(a)	identify the competent appointing authority;
(b)	require appropriate consultation;
(c)	impose a maximum duration;
(d)	preserve eligibility and independence requirements; and
(e)	prohibit use as a substitute for ordinary permanent recruitment.
44	Guidance and procedures
(1)	The Lord Chancellor may issue or approve guidance on the operation of judicial selection only where authorised by this Act or another enactment.
(2)	Before issuing guidance materially affecting selection, the Lord Chancellor must consult the Commission and the Chief Justice.
(3)	Guidance must not require the Commission to select or reject a named person.
45	Annual report of the Commission
(1)	The Commission must prepare an annual report on the performance of its functions.
(2)	The report must include information about selection activity, timeliness, diversity, complaints and governance, subject to lawful confidentiality.
(3)	The report must be laid before Parliament and published.
CHAPTER 2
JUDICIAL APPOINTMENTS AND CONDUCT OMBUDSMAN
46	Judicial Appointments and Conduct Ombudsman
(1)	There is to be a Judicial Appointments and Conduct Ombudsman.
(2)	The Ombudsman is independent in the exercise of functions under this Act.
(3)	Schedule 2 makes further provision about the Ombudsman.
47	Appointments complaints
(1)	An eligible person may complain to the Ombudsman about maladministration in a judicial-appointment process after exhausting the applicable first-stage complaint route.
(2)	The Ombudsman may investigate whether the Commission or another appointing body complied with the applicable process and acted fairly.
(3)	The Ombudsman may not substitute a candidate or conduct a fresh merits selection.
48	Conduct-process complaints
(1)	A person may complain to the Ombudsman about maladministration in the handling of a judicial-conduct complaint after exhausting the applicable first-stage review route.
(2)	The Ombudsman may investigate delay, procedural unfairness, failure to follow prescribed procedure, failure to consider relevant material, administrative error or another form of maladministration.
(3)	The Ombudsman may not determine whether the original allegation of misconduct was proved and may not act as an appeal from a judicial decision.
49	Ombudsman recommendations
(1)	Where the Ombudsman finds maladministration, the Ombudsman may recommend—
(a)	reconsideration through the proper procedure;
(b)	an apology;
(c)	correction of an administrative error;
(d)	payment of reasonable compensation for loss caused by maladministration where authorised by law; or
(e)	procedural or systemic improvement.
(2)	The responsible body must consider the recommendation and respond with reasons.
(3)	The Ombudsman may publish a report subject to lawful confidentiality and data-protection requirements.
50	Annual report of the Ombudsman
(1)	The Ombudsman must prepare an annual report and lay it before Parliament.
(2)	The report may identify systemic issues and recommendations but must protect confidential personal and judicial information as required by law.
PART 5
JUDICIAL CONDUCT AND DISCIPLINE
51	Responsibility for judicial discipline
(1)	The Lord Chancellor and the Chief Justice are jointly responsible for judicial discipline within the scope of this Part.
(2)	A disciplinary sanction under this Part may be imposed only with the agreement of both the Lord Chancellor and the Chief Justice, except where Parliament or another enactment provides a different constitutional removal route for the office concerned.
(3)	The Judicial Conduct Investigations Office supports the exercise of the functions in this Part but does not itself impose disciplinary sanctions.
52	Scope of misconduct
(1)	Judicial misconduct concerns the personal conduct of a judicial office-holder and may include—
(a)	dishonesty or lack of integrity;
(b)	bullying, harassment, discrimination or serious discourtesy;
(c)	misuse of judicial office or status;
(d)	serious or persistent failure to observe required standards of conduct;
(e)	improper disclosure or misuse of confidential information;
(f)	conduct creating a serious conflict with judicial office;
(g)	criminal conduct relevant to fitness for office; or
(h)	another matter prescribed consistently with the constitutional nature of judicial office.
(2)	A complaint that merely challenges a judicial decision, case-management decision, finding of fact, sentence, order or interpretation of law is not a conduct complaint and must be pursued, if at all, through the appropriate appeal or review route.
(3)	An allegation about bias may raise both a case-specific recusal or appeal question and a conduct question; each must be handled through its proper route without using discipline to determine the merits of proceedings.
53	Prescribed procedure
(1)	The Chief Justice may, with the agreement of the Lord Chancellor, make regulations prescribing procedures for the investigation and determination of judicial-conduct matters.
(2)	Regulations may make provision about—
(a)	who may complain or refer a matter;
(b)	time limits and extension;
(c)	initial assessment and dismissal;
(d)	referral for investigation;
(e)	nominated judges, investigating judges and disciplinary panels;
(f)	notice of allegations;
(g)	disclosure and handling of evidence;
(h)	representations and hearings;
(i)	findings and recommendations;
(j)	review of procedural decisions;
(k)	confidentiality and publication;
(l)	former office-holders;
(m)	suspension; and
(n)	records and case closure.
(3)	Regulations under this section are made by statutory instrument and are subject to the negative procedure.
(4)	A prescribed procedure must secure procedural fairness and judicial independence.
54	Judicial Conduct Rules
(1)	The Chief Justice may, with the agreement of the Lord Chancellor, make Judicial Conduct Rules for the operation of the prescribed procedure.
(2)	Rules may regulate the practical handling of complaints, investigations, panels, representations, review and publication within the authority conferred by this Act and regulations under section 53.
(3)	Rules must be published before they take effect.
(4)	Rules may not create a disciplinary sanction or ground of removal not authorised by primary legislation.
55	Judicial Conduct Investigations Office
(1)	The Judicial Conduct Investigations Office is the administrative and investigative office supporting the Lord Chancellor and the Chief Justice in judicial-conduct matters.
(2)	The Office may—
(a)	receive complaints and referrals;
(b)	assess jurisdiction and admissibility;
(c)	obtain and manage evidence in accordance with the prescribed procedure;
(d)	support nominated judges, investigating judges and panels;
(e)	communicate with complainants and judicial office-holders;
(f)	maintain case records and publish information authorised by the prescribed procedure; and
(g)	provide administrative and policy support concerning the conduct system.
(3)	The Office must act impartially and must not determine an appeal from a judicial decision.
(4)	The Office must maintain appropriate separation between complaint administration and final disciplinary decision-making.
56	Suspension
(1)	Where a judicial office-holder is subject to criminal proceedings, a serious conduct investigation, incapacity proceedings or another circumstance prescribed by regulations, the Chief Justice may suspend the office-holder from exercising judicial functions if necessary to protect the administration of justice or public confidence.
(2)	Suspension under subsection (1) requires the agreement of the Lord Chancellor unless immediate temporary action is reasonably necessary, in which case the Chief Justice may impose an interim suspension for no more than seven days pending that agreement.
(3)	Suspension is a protective measure and is not a finding of misconduct.
(4)	The office-holder must be given written reasons and an opportunity to make representations as soon as practicable.
57	Disciplinary sanctions
(1)	Where misconduct is established through the prescribed procedure, the Chief Justice may, with the agreement of the Lord Chancellor—
(a)	give formal advice;
(b)	give a formal warning;
(c)	reprimand the office-holder; or
(d)	impose another non-removal sanction expressly authorised by regulations under this Act.
(2)	Removal may occur only in accordance with section 58 and the law governing the office.
(3)	A sanction must be proportionate to the misconduct and must take account of aggravating and mitigating circumstances.
(4)	The decision must give reasons, subject to lawful redaction.
58	Removal from judicial office
(1)	A judicial office-holder whose office is protected by a requirement for an address of Parliament may be removed only through that constitutional route.
(2)	A judicial office-holder whose office is not within subsection (1) may be removed by the competent appointing authority only—
(a)	on the joint recommendation of the Lord Chancellor and the Chief Justice;
(b)	following completion of the prescribed disciplinary or incapacity procedure; and
(c)	on a ground authorised by the enactment governing the office.
(3)	Misconduct, incapacity and persistent failure to perform the duties of office may constitute grounds for removal where the governing enactment so provides.
(4)	No person may be removed from judicial office merely for reaching a decision unpopular with Government, Parliament, a litigant, the public or an operating-platform provider.
59	Former judicial office-holders
(1)	Regulations may permit a conduct investigation to continue after resignation or retirement where—
(a)	the allegation concerns conduct while the person held office;
(b)	continuation is necessary for public confidence, learning, a related appointment decision or another legitimate purpose; and
(c)	the prescribed fairness safeguards are observed.
(2)	A former office-holder may not be subjected to a sanction incapable of applying after departure, but a finding and proportionate publication may be made where authorised by the prescribed procedure.
60	Publication of disciplinary decisions
(1)	The prescribed procedure may require or permit publication of a disciplinary decision where necessary for transparency and public confidence.
(2)	Publication must be proportionate and must consider privacy, safeguarding, fairness, the interests of complainants and third parties, and any risk to proceedings.
(3)	A decision not to publish must not be used to conceal systemic information that can lawfully be published in anonymised or statistical form.
61	Relationship with appeal, recusal and judicial management
(1)	Nothing in this Part alters a right of appeal or judicial review.
(2)	Recusal is governed by applicable law and judicial practice and is not itself a disciplinary sanction.
(3)	Judicial leadership may provide ordinary guidance, training, welfare support or workload management without invoking formal discipline where the action is not punitive and does not compromise judicial independence.
(4)	Formal discipline must be used where a disciplinary sanction or finding of misconduct is sought.
62	Records, confidentiality and data protection
(1)	Judicial-conduct records must be maintained securely and retained or disposed of in accordance with the applicable records schedule.
(2)	Information may be shared only where there is a lawful and necessary basis for the conduct process, safeguarding, criminal justice, public protection, another legal duty or the administration of justice.
(3)	Legal professional privilege, judicial deliberative confidentiality, data-protection law and applicable reporting restrictions remain protected.
PART 6
JUDICIAL LEADERSHIP, CONDUCT STANDARDS AND SUPPLEMENTARY PROVISIONS
63	Guide to Judicial Conduct
(1)	The Chief Justice may issue and revise a Guide to Judicial Conduct for judicial office-holders.
(2)	The Guide may state principles and expected standards concerning integrity, impartiality, independence, conflicts, behaviour, outside activities, communications, social media and related matters.
(3)	The Guide does not create a disciplinary sanction and does not replace the prescribed conduct procedure.
(4)	A breach of an applicable standard may be relevant evidence in a conduct matter but must be considered in context and through the prescribed procedure.
64	Conflicts and recusal
(1)	Judicial office-holders must identify and manage actual or apparent conflicts of interest in accordance with law and the Guide to Judicial Conduct.
(2)	Where a conflict may affect proceedings, the judicial office-holder must consider disclosure and recusal in accordance with the applicable law and procedure.
(3)	A recusal decision affecting proceedings is challengeable only through the appropriate judicial route; any separate allegation of misconduct must proceed under Part 5.
65	Judicial leadership functions
(1)	The Chief Justice may issue guidance and make arrangements concerning judicial welfare, training, deployment, leadership and standards, subject to law.
(2)	Those functions must not be used to interfere with the independent determination of proceedings.
(3)	The Judicial College may provide education and training on matters arising under this Act.
66	Parliamentary accountability and judicial independence
(1)	The Lord Chancellor is accountable to Parliament for the discharge of ministerial functions under this Act.
(2)	The Judicial Appointments Commission and the Judicial Appointments and Conduct Ombudsman are accountable through their statutory reports and other lawful scrutiny arrangements.
(3)	Neither House of Parliament may direct the outcome of an individual case or disciplinary complaint except through an express constitutional removal power conferred by law.
67	Information and co-operation
(1)	Public authorities must provide reasonable co-operation to the Commission, Ombudsman and Judicial Conduct Investigations Office where required for the lawful discharge of their functions.
(2)	Nothing in subsection (1) requires disclosure contrary to legal professional privilege, judicial deliberative confidentiality, national security, data-protection law or another statutory restriction.
(3)	A power to require information compulsorily exists only where expressly conferred by this Act or another enactment.
68	Regulations
(1)	A power to make regulations under this Act is exercisable by statutory instrument.
(2)	Regulations may make supplementary, incidental, consequential, transitional or saving provision within the scope of the power concerned.
(3)	Before making regulations materially affecting judicial independence, appointments or conduct, the Lord Chancellor must consult the Chief Justice and any body whose statutory functions are materially affected.
(4)	Regulations may not amend the core protections in sections 1, 2, 21, 36, 51 or 58 except by express primary legislation.
69	Interpretation
In this Act—
“Chief Justice” means the head of the Judiciary of the United Hampshire State;
“Commission” means the Judicial Appointments Commission;
“high judicial office” means the office of Chief Justice, President or Deputy President of the Supreme Court, Justice of the Supreme Court, judge of the Court of Appeal, judge of the High Court, Senior President of Tribunals, or another judicial office prescribed as being of equivalent seniority;
“judicial office-holder” means a person holding an office whose functions consist wholly or mainly of exercising judicial functions in a court or tribunal of the United Hampshire State and includes a magistrate and a non-legally-qualified tribunal member where the applicable enactment so provides;
“Lord Chancellor” means the person holding the office continued by section 5;
“Ombudsman” means the Judicial Appointments and Conduct Ombudsman;
“qualifying legal practitioner” means a person recognised under United Hampshire law as qualified to practise as a barrister, solicitor or other legal practitioner with rights or functions relevant to senior judicial appointment;
“operating platform” has the meaning used in the constitutional settlement of the United Hampshire Realm;
“prescribed procedure” means a procedure prescribed by regulations under section 53;
“Supreme Court” means the Supreme Court of United Hampshire.
70	Consequential relationship with other enactments
(1)	The Senior Courts Act 2026, Magistrates’ Courts Act 2026, Courts Act 2026, Criminal Appeal Act 2026 and other justice enactments continue to govern the matters allocated to them.
(2)	This Act supplies the constitutional, Supreme Court, judicial-appointments, Ombudsman and judicial-discipline framework and must not be read as impliedly repealing a more specific procedural or jurisdictional rule unless the provisions are irreconcilable.
(3)	Schedule 3 contains consequential and transitional provisions.
71	Extent and application
(1)	This Act extends to the United Hampshire Realm and applies within the legislative and judicial competence of the United Hampshire State.
(2)	It does not transfer the judicial functions of the real-world United Kingdom, Hampshire County Government or another jurisdiction into the United Hampshire State.
(3)	A reference to a court, tribunal or judicial office is to the corresponding United Hampshire institution unless the context expressly provides otherwise.
72	Commencement
This Act comes into force on 16th August 2026.
73	Short title
This Act may be cited as the Constitutional Reform Act 2026.
SCHEDULE 1
THE JUDICIAL APPOINTMENTS COMMISSION
1	Membership
(1)	The Commission consists of fifteen Commissioners.
(2)	The Commissioners are—
(a)	a lay Chair;
(b)	a Vice Chair and Senior Judicial Commissioner;
(c)	five other lay Commissioners;
(d)	four judicial Commissioners;
(e)	one tribunal judicial Commissioner;
(f)	one non-legally-qualified judicial Commissioner; and
(g)	two professional Commissioners drawn from the recognised legal professions.
(3)	A person must not hold more than one Commission seat at the same time.
2	Lay Chair and lay majority safeguards
(1)	The Chair must be a lay person.
(2)	For this Schedule, “lay person” means a person who does not hold and has not recently held judicial office and is not practising as a lawyer, subject to any precise cooling-off period prescribed by regulations.
(3)	The composition must preserve meaningful lay participation and must not permit a single institutional group to control the Commission.
3	Appointment of Commissioners
(1)	Commissioners are appointed by the Lord Lieutenant on the recommendation of the Lord Chancellor following a fair and open process prescribed by regulations.
(2)	Before recommending a judicial or tribunal member, the Lord Chancellor must consult the Chief Justice and, where applicable, the relevant tribunal leader.
(3)	Appointments must be made with regard to the skills, experience and diversity required for the Commission’s functions.
4	Terms of office
(1)	A Commissioner holds office for a term not exceeding three years.
(2)	A person may be reappointed once, but total continuous service must not ordinarily exceed six years.
(3)	Terms may be staggered to preserve continuity.
5	Resignation, suspension and removal
(1)	A Commissioner may resign by written notice to the Lord Chancellor.
(2)	A Commissioner may be removed only for incapacity, serious misconduct, persistent failure to discharge functions, bankruptcy or another prescribed ground incompatible with office.
(3)	Removal must follow a fair process and written reasons must be given.
6	Conflicts and conduct
Commissioners must declare and manage interests and must not participate in a selection or decision where a reasonable observer would conclude that the Commissioner’s impartiality might be compromised.
7	Chief Executive and staff
(1)	The Commission may have a Chief Executive and staff necessary for the discharge of its functions.
(2)	Staff must support the Commission impartially and must not be directed by Ministers as to an individual selection.
8	Committees and delegation
(1)	The Commission may establish committees and selection panels and may delegate functions to them to the extent permitted by law.
(2)	The Commission remains responsible for ensuring that delegated functions comply with this Act.
9	Procedure
Subject to this Act and regulations, the Commission may regulate its own procedure, including quorum, voting, records and use of remote meetings.
10	Finance, accounts and records
(1)	The Commission is funded through the Ministry of Justice subject to public-finance law and arrangements protecting operational independence.
(2)	It must maintain accounts, records, registers of interests, appointment records and other governance material required by law.
11	Information and publication
The Commission must publish such selection guidance, annual reports, governance information and statistical information as law or proper public-administration practice requires, subject to confidentiality and data protection.
SCHEDULE 2
THE JUDICIAL APPOINTMENTS AND CONDUCT OMBUDSMAN
1	Appointment and status
(1)	The Ombudsman is appointed by the Lord Lieutenant on the recommendation of the Lord Chancellor following fair and open competition.
(2)	The Ombudsman is not a servant or agent of the United Hampshire Government when exercising investigatory and reporting functions under this Act.
(3)	A person is not eligible if the person is a Minister, serving judicial office-holder or serving member or employee of the Judicial Appointments Commission or Judicial Conduct Investigations Office.
2	Term
(1)	The Ombudsman holds office for a single term not exceeding five years.
(2)	The Ombudsman is not eligible for reappointment.
3	Resignation and removal
(1)	The Ombudsman may resign by written notice to the Lord Lieutenant.
(2)	The Ombudsman may be removed only for incapacity, serious misconduct or persistent failure to discharge the functions of office, following a fair process and written reasons.
4	Staff and resources
The Ministry of Justice must provide or fund staff and resources reasonably necessary for the Ombudsman to discharge the statutory functions, while preserving independence in individual investigations.
5	Investigatory procedure
(1)	The Ombudsman may determine a fair and proportionate procedure for investigations subject to this Act and any regulations.
(2)	The Ombudsman may request documents and representations reasonably relevant to an investigation.
(3)	Compulsory production powers exist only where expressly conferred by law.
6	Reports and publication
(1)	The Ombudsman may issue reports on individual complaints and systemic matters.
(2)	Publication must protect personal data, legally privileged material, confidential judicial information and the administration of justice.
7	Records and retention
The Ombudsman must maintain secure case, governance and publication records in accordance with the applicable retention and disposition schedule and public-record law.
SCHEDULE 3
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
1	Existing judicial offices
(1)	A person lawfully holding a judicial office immediately before commencement continues in that office on the existing terms, subject to this Act and other applicable law.
(2)	No person is required to undergo a fresh appointment process merely because this Act supplies a statutory foundation for an institution or procedure already lawfully established administratively.
2	Existing Judicial Appointments Commission
(1)	The Judicial Appointments Commission existing immediately before commencement is continued as the Commission established by section 34.
(2)	Existing authorised Commission offices and appointments continue, subject to confirmation of any incumbent evidence required by the Commission’s governance register.
(3)	Existing selection exercises may continue under the procedure already notified to candidates if that procedure is substantially compatible with this Act; otherwise the Commission must make the minimum correction necessary to secure compliance.
3	Existing Supreme Court arrangements
(1)	Any Supreme Court office, case or administrative arrangement existing immediately before commencement is continued so far as compatible with this Act.
(2)	The President must secure migration of authoritative court records and administrative controls into the statutory Court without loss of continuity.
4	Existing Judicial Conduct Investigations Office
The Judicial Conduct Investigations Office existing immediately before commencement continues as the office described in section 55, but no formal disciplinary sanction may be imposed until the prescribed procedure and applicable Conduct Rules are in force.
5	Pending conduct matters
(1)	A conduct concern received before commencement may be preserved and assessed after commencement.
(2)	No adverse finding or sanction may be imposed retrospectively under this Act for conduct that was not capable of constituting misconduct under the standards lawfully applicable when it occurred.
(3)	Procedural steps after commencement must follow the prescribed procedure when it comes into force.
6	Existing guidance and records
Existing judicial appointments, judicial conduct, judicial-office and Supreme Court guidance or records remain effective or controlled only so far as they are consistent with this Act and have not been superseded by a competent product.
7	Consequential references
A reference in an existing United Hampshire instrument or public document to an administratively established Judicial Appointments Commission, Judicial Appointments and Conduct Ombudsman, Judicial Conduct Investigations Office or Supreme Court of United Hampshire is to be read, where the context permits, as a reference to the corresponding institution under this Act.
8	No effect on case outcomes
Nothing in this Schedule reopens, validates or alters the merits of a judicial decision made before commencement; any challenge remains subject to the appeal, review, finality and time-limit rules applicable to that decision.